Limitation Act, 1963 - Full Bare Act
Limitation Act, 1963 - Full Bare Act
2. Definitions.
3. Bar of limitation.
6. Legal disability.
8. Special exceptions.
11. Suits on contracts entered into outside the territories to which the Act extends.
is applied for.
23.Suits for compensation for acts not actionable without special damage.
29.Saving.
30.Provision for suits, etc, for the prescribed period is shorter than
32.Repeal
. The
Schedule
(2) It extends to the whole of India. (The words “except the State of Jammu and
Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-10-2019).)
(3) It shall come into force on such date as the Central Government may, by
2. Definitions.
(i) a petitioner;
(ii) any person from or through whom an applicant derives his right to apply;
(d) “bond” includes any instrument whereby a person obliges himself to pay
(i) any person from or through whom a defendant derives his liability to be sued;
(f) “easement” includes a right not arising from contract, by which one person
is entitled to remove and appropriate for his own profit any part of the soil
(h) “good faith“- nothing shall be deemed to be done in good faith which is
(i) any person from or through whom a plaintiff derives his right to sue;
(j) “period of limitation” means the period of limitation prescribed for any
Act;
(m) “tort” means a civil wrong which is not exclusively the breach of a
suit instituted, appeal preferred, and application made after the prescribed
defence.
(i) in an ordinary case, when the plaint is presented to the proper officer;
(ii) in the case of a pauper, when his application for leave to sue as a pauper is made; and
(iii) in the case of a claim against a company which is being wound up by the
court, when the claimant first sends in his claim to the official liquidator;
(b) any claim by way of a set off or a counter claim, shall be treated as a
(i) in the case of a set off, on the same date as the suit in which the set off is pleaded;
(ii) in the case of a counter claim, on the date on which the counter claim is made in court;
day when the court is closed, the suit, appeal or application may be instituted,
A court shall be deemed to be closed on any day within the meaning of this
section if during any part of its normal working hours it remains closed on that
day.
Any appeal or any application, other than an application under any of the
provisions of Order XXI of the Code of Civil Procedure, 1908, may be, admitted
after the prescribed period, if the appellant or the applicant satisfies the court
that he had sufficient cause for not preferring the appeal or making the
Explanation-
The fact that the appellant or the applicant was misled by any order, practice or
6. Legal disability.
(1) Where a person entitled to institute a suit or make an application for the
reckoned, a minor or insane, or an idiot, he may institute the suit or make the
application within the same period after the disability has ceased, as would
otherwise have been allowed from the time specified therefor in the third
(2) Where such person is, at the time from which the prescribed period is to be
reckoned, affected by two such disabilities, or where, before his disability has
the application within the same period after both disabilities have ceased, as
(3) Where the disability continues up to the death of that person, his legal
representative may institute the suit or make the application within the same
period after the death, as would otherwise have been allowed from the time
so specified.
(4) Where the legal representative referred to in sub-section (3) is, at the date
(5) Where a person under disability dies after the disability ceases but within
the period allowed to him under this section, his legal representative may
Explanation-
For the purposes of this section ‘minor‘ includes a child in the womb.
application for the execution of a decree is under any such disability, and a
discharge can be given without the concurrence of such person, time will run
against them all; but, where no such discharge can be given, time will not run
as against any of them until one of them becomes capable of giving such
discharge without the concurrence of the others or until the disability has
ceased.
Explanation I-
Explanation II-
For the purposes of this section, the manager of a Hindu undivided family
discharge without the concurrence of the other members of the family only if
Related Bare Act (in this act you will see the word Mitakshara): Hindu Succession Act,
1956
8. Special exceptions.
emption, or shall be deemed to extend, for more than three years from the
cessation of the disability or the death of the person affected thereby, the
Provided that where letters of administration to the estate of creditor have been granted to
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his debtor, the running of the period of limitation for a suit to recover the debt
suit against a person in whom property has become vested in trust for any
assigns for valuable consideration), for the purpose of following in his or their
Explanation-
For the purposes of this section any property comprised in a Hindu, Muslim or
vested in trust for a specific purpose and the manager of the property shall be
(1) Suits instituted in the territories to which this Act extends on contracts
entered into in the State (UT) of Jammu and Kashmir or in a foreign country
(2) No rule of limitation in force in the State (UT) of Jammu and Kashmir or in
(b) the parties were domiciled in that State or in the foreign country
(1) In computing the period of limitation for any suit, appeal or application,
(2) In computing the period of limitation for an appeal or an application for leave
order, the time requisite for obtaining a copy of the judgement shall also be
excluded.
award, the time requisite for obtaining a copy of the award shall be excluded.
Explanation-
In computing under this section the time requisite for obtaining a copy of a
decree or an order, any time taken by the court to prepare the decree or order
In computing the period of limitation prescribed for any suit or appeal in any
case where an application for leave to sue or appeal as a pauper has been
made and rejected, the time during which the applicant has been prosecuting in
good faith his application for such leave shall be excluded, and the court may,
on payment of the court fees prescribed for such suit or appeal, treat the suit or
appeal as having the same force and effect as if the court fees had been paid in
(1) In computing the period of limitation for any suit the time during which the
plaintiff has been prosecuting with due diligence another civil proceeding,
matter in issue and is prosecuted in good faith in a court which, from defect
(2) In computing the period of limitation for any application, the time during
which the applicant has been prosecuting with due diligence another civil
against the same party for the same relief shall be excluded, where such
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proceeding is prosecuted in good faith in Act
a court which, from defect of
Civil Procedure, 1908, the provisions of sub-section (1) shall apply in relation
that Order, where such permission is granted on the ground that the first suit
must fail by reason of a defect in the jurisdiction of the court or other cause of
a like nature.
Explanation-
(a) in excluding the time during which a former civil proceeding was pending,
the day on which that proceeding was instituted and the day on which it
prosecuting a proceeding;
(1) In computing the period of limitation of any suit or application for the
the day on which it was issued or made, and the day on which it was
(2) In computing the period of limitation for any suit of which notice has been
given, or for which the previous consent or sanction of the government or any
other authority is required, in accordance with the requirements of any law for
the time being in force, the period of such notice or, as the case may be, the
Explanation-
In excluding the time required for obtaining the consent or sanction of the
government or any other authority, the date on which the application was
made for obtaining the consent or sanction and the date of receipt of the order
(3) In computing the period of limitation for any suit or application for execution
period beginning with the date of institution of such proceeding and ending
with the expiry of three months from the date of appointment of such receiver
(5) In computing the period of limitation for any suit the time during which the
defendant has been absent from India and from the territories outside India
(1) Where a person who would, if he were living, have a right to institute a suit
the period of limitation shall be computed from the time when there is a legal
application.
(2) Where a person against whom, if he were living, a right to institute a suit or
make an application would have accrued dies before the right accrues, or
accrues on the death of such person, the period of limitation shall be computed
from the time when there is a legal representative of the deceased against
whom the plaintiff may institute such suit or making such application.
or of a hereditary office.
(1) Where, in the case of any suit or application for which a period of
(a) the suit or application is based upon the fraud of the defendant or
(b) the knowledge of the right or title on which suit or application is founded
(c) the suit or application is for relief from the consequences of a mistake; or
(d) where any document necessary to establish the right of the plaintiff or
the period of limitation shall not begin to run until the plaintiff or applicant has
discovered it; or in the case of a concealed document, until the plaintiff or the
(i) in the case of fraud, has been purchased for valuable consideration by a
person who was not a party to the fraud and did not at the time of the
purchase know, or have reason to believe, that any fraud had been
committed, or
(ii) in the case of mistake, has been purchased for valuable consideration
person who did not know, or have reason to believe, that the mistake had
been made, or
(iii) in the case of concealed document, has been purchased for valuable
did not at the time of purchase know, or have reason to believe, that the
of a decree or order with the period of limitation, the court may, on the
application of the judgement- creditor made after the expiry of the said period
Provided that such application is made within one year from the date of the
discovery of the fraud or the cessation of force, as the case may be.
(1) Where, before the expiration of the prescribed period for a suit or
in respect of such property or right has been made in writing signed by the
through whom he derives his title or liability, a fresh period of limitation shall
evidence may be given of the time when it was signed; but subject to the
provisions of the Indian Evidence Act, 1872, oral evidence of its contents shall
not be received.
Explanation-
nature of the property or right, or avers that the time for payment, delivery,
(b) the word “signed” means signed either personally or by an agent duly
the expiration of the prescribed period by the person liable to pay the debt or
legacy or by his agent duly authorised in this behalf, a fresh period of limitation
shall be computed from the time when the payment was made:
Provided that, save in the case of payment of interest made before the 1st day
handwriting of, or in a writing signed by, the person making the payment.
Explanation-
(a) where mortgaged land is in the possession of the mortgagee, the receipt of
(b) “debt” does not include money payable under a decree or order of a court.
(1) The expression “agent duly authorised in this behalf” in sections 18 and 19
shall, in the case of a person under disability, include his lawful guardian,
(2) Nothing in the said sections renders one of several joint contractors,
acknowledgement signed by, or of a payment made by, or by the agent of, any
by or by the duly authorised agent of, any limited owner of property who is
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authorised agent of, the manager of the family for the time being shall be
(1) Where after the institution of a suit, a new plaintiff or, defendant is
substituted or added, the suit shall, as regards him, be deemed to have been
Provided that where the court is satisfied that the omission to include a new
plaintiff or defendant was due to a mistake made in good faith it may direct
that the suit as regards such plaintiff or defendant shall be deemed to have
(2) Nothing in sub-section (1) shall apply to a case where a party is added or
made a plaintiff.
tort, a fresh period of limitation begins to run at every moment of the time
during which the breach or the tort, as the case may be, continues.
23. Suits for compensation for acts not actionable without special
damage.
In the case of a suit for compensation for an act which does not give rise to a
cause of action unless some specific injury actually results therefrom, the
period of limitation shall be computed from the time when the injury results.
All instruments shall for the purposes of this Act be deemed to be made with
(1) Where the access and use of light or air to and for any building have been
interruption, and for twenty years, and where any way or watercourse or the
use of any water or any other easement (whether affirmative or negative) has
been peaceably and openly enjoyed by any person claiming title thereto as
an easement and as of right without interruption and for twenty years, the
right to such access and use of light or air, way, watercourse, use of water, or
(2) Each of the said periods of twenty years shall be taken to be a period ending
within two years next before the institution of the suit wherein the claim to
(3) Where the property over which a right is claimed under sub-section (1)
belongs to the government that sub-section shall be read as if for the words
Explanation-
Nothing is an interruption with the meaning of this section, unless where there
obstruction by the act of some person other than the claimant, and unless such
obstruction submitted to or acquiesced in for one year after the claimant has
notice thereof and of the person making or authorising the same to be made.
Where any land or water upon, over or from, which any easement has been
enjoyed or derived has been held under or by virtue of any interest for life or in
terms of years exceeding three years from the granting thereof the time of the
shall be excluded in the computation of the period of twenty years in case the
claim is, within three years next after the determination of such interests or
term resisted by the person entitled on such determination to the said land or
water.
benefits from an easement over the servient estate is called the dominant estate (or
At the determination of the period hereby limited to any person for instituting a
suit for possession of any property, his right to such property shall be
extinguished.
[Rep. by the Repealing and Amending Act, 1974 (56 of 1974) s. 2 and First Schedule.]
29. Saving.
(1) Nothing in this Act shall affect Section 25 of the Indian Contract Act, 1872.
(2) Where any special or local law prescribes for any suit, appeal or application
a period of limitation different from the period prescribed by the Schedule, the
prescribed by the Schedule and for the purpose of determining any period of
limitation prescribed for any suit, appeal or application by any special or local
so far as, and to the extent to which, they are not expressly excluded by such
(3) Save as otherwise provided in any law for the time being in force with
respect to marriage and divorce, nothing in this Act shall apply to any suit or
(4) Sections 25 and 26 and the definition of “easement” in section 2 shall not
apply to cases arising in the territories to which the Indian Easements Act,
30. Provision for suits, etc, for the prescribed period is shorter
than the period prescribed by the Indian Limitation Act, 1908.
for such suit by the Indian Limitation Act, 1908, whichever period expires
earlier:
Provided that if in respect of any such suit, the said period of seven years
expires earlier than the period of limitation prescribed therefor under the Indian
Limitation Act, 1908 and the said period of seven years together with so much
of the period of limitation in respect of such suit under the Indian Limitation Act,
1908, as has already expired before the commencement of this Act is shorter
than the period prescribed for such suit under this Act, then, the suit may be
instituted within the period of limitation prescribed therefor under this Act;
(b) any appeal or application for which the period of limitation is shorter than
the period of limitation prescribed by the Indian Limitation Act, 1908, may be
preferred or made within a period of ninety days next after the commencement
of this Act or within a period prescribed for such appeal or application by the
for which the period of limitation prescribed by the Indian Limitation Act,
(b) affect any suit, appeal or application instituted, preferred or made before,
32. Repeal.
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