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Limitation Act, 1963 - Full Bare Act

The Limitation Act of 1963 consolidates and amends laws regarding the limitation of suits and other legal proceedings in India. It outlines the time limits for filing suits, appeals, and applications, along with provisions for exceptions and extensions under certain circumstances. The Act applies to the whole of India and includes definitions and rules for various legal terms and conditions related to limitation periods.

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0% found this document useful (0 votes)
58 views30 pages

Limitation Act, 1963 - Full Bare Act

The Limitation Act of 1963 consolidates and amends laws regarding the limitation of suits and other legal proceedings in India. It outlines the time limits for filing suits, appeals, and applications, along with provisions for exceptions and extensions under certain circumstances. The Act applies to the whole of India and includes definitions and rules for various legal terms and conditions related to limitation periods.

Uploaded by

Diya Sreedhar
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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1

The Limitation Act, 1963


An Act to consolidate and amend the law for the limitation of suits and other

proceedings and for purposes connected therewith. BE it enacted by Parliament

in the Fourteenth Year of the Republic of India as follows:-

Part I of Limitation Act – Preliminary

1. Short title, extent and commencement.

2. Definitions.

Part II of Limitation Act – Limitation of Suits, Appeals and Applications

3. Bar of limitation.

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4. Expiry of prescribed period when court is closed.

5. Extension of prescribed period in certain cases.

6. Legal disability.

7. Disability of one of several persons.

8. Special exceptions.

9. Continuous running of time.

10.Suits against trustees and their representatives.

11. Suits on contracts entered into outside the territories to which the Act extends.

Part III of Limitation Act – Computation of Period of Limitation

12.Exclusion of time in legal proceedings.

13.Exclusion of time in cases where leave to sue or appeal as a pauper

is applied for.

14.Exclusion of time of proceeding bona fide in court without jurisdiction.

15.Exclusion of time in certain other cases.

16.Effect of death on or before the accrual of the right to sue.

17.Effect of fraud or mistake.

18.Effect of acknowledgement in writing.

19.Effect of payment on account of debt or of interest on legacy.

20.Effect of acknowledgement or payment by another person.

21.Effect of substituting or adding new plaintiff or defendant.

22.Continuing breaches and torts.

23.Suits for compensation for acts not actionable without special damage.

24.Computation of time mentioned in instruments.

Part IV of Limitation Act – Acquisition of Ownership by Possession

25.Acquisition of easement by prescription.

26.Exclusion in favour of reversioner of servient tenement.

27.Extinguishment of right to property.

Part V of Limitation Act – Miscellaneous

28.Amendment of certain Acts.

29.Saving.

30.Provision for suits, etc, for the prescribed period is shorter than

the period prescribed by the Indian Limitation Act, 1908.

31.Provisions as to barred or pending suits, etc.

32.Repeal

. The

Schedule

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Part I of Limitation Act – Preliminary


1. Short title, extent and commencement.

(1) This Act may be called the Limitation Act, 1963.

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(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

notification in the Official Gazette, appoint.

2. Definitions.

In this Act, unless the context otherwise requires,

(a) “applicant” includes-

(i) a petitioner;

(ii) any person from or through whom an applicant derives his right to apply;

(iii) any person whose estate is represented by the applicant as executor,

administrator or other representative;

(b) “application” includes a petition;

(c) “bill of exchange” includes a hundi and a cheque;

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(d) “bond” includes any instrument whereby a person obliges himself to pay

money to another, on condition that the obligation shall be void if a specified

act is performed, or is not performed, as the case may be;

(e) “defendant” includes-

(i) any person from or through whom a defendant derives his liability to be sued;

(ii) any person whose estate is represented by the defendant as executor,

administrator or other representative;

(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

belonging to another or anything growing in, or attached to, or subsisting

upon, the land of another;

(g) “foreign country” means any country other than India;

(h) “good faith“- nothing shall be deemed to be done in good faith which is

not done with due care and attention;

(i) “plaintiff” includes-

(i) any person from or through whom a plaintiff derives his right to sue;

(ii) any person whose estate is represented by the plaintiff as executor,

administrator or other representative;

(j) “period of limitation” means the period of limitation prescribed for any

suit, appeal or application by the Schedule, and “prescribed period” means

the period of limitation computed in accordance with the provisions of this

Act;

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(k) “promissory note” means any instrument whereby the maker engages

absolutely to pay a specified sum of money to another at a time therein

limited, or on demand, or at sight;

(l) “suit” does not include an appeal or an application;

(m) “tort” means a civil wrong which is not exclusively the breach of a

contract or the breach of a trust;

(n) “trustee” does not include a benamidar, a mortgagee remaining in

possession after the mortgage has been satisfied or a person in wrongful

possession without title.

Part II of Limitation Act – Limitation of Suits, Appeals


and Applications
3. Bar of limitation.

(1) Subject to the provisions contained in sections 4 to 24 (inclusive), every

suit instituted, appeal preferred, and application made after the prescribed

period shall be dismissed although limitation has not been set up as a

defence.

(2) For the purposes of this Act-

(a) a suit is instituted-

(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

separate suit and shall be deemed to have been instituted-

(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;

(c) an application by notice of motion in a High Court is made when the

application is presented to the proper officer of that court.

4. Expiry of prescribed period when court is closed.

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AM Where the prescribed period for anyBare Actappeal or application expires on a
suit,

day when the court is closed, the suit, appeal or application may be instituted,

preferred or made on the date when the court reopens.

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Explanation-

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.

5. Extension of prescribed period in certain cases.

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

application within such period.

Explanation-

The fact that the appellant or the applicant was misled by any order, practice or

judgement of the High Court in ascertaining or computing the prescribed period

may be sufficient cause within the meaning of this section.

6. Legal disability.

(1) Where a person entitled to institute a suit or make an application for the

execution of a decree, is at the time from which the prescribed period is to be

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

column of the Schedule.

(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

ceased, he is affected by another disability, he may institute the suit or make

the application within the same period after both disabilities have ceased, as

would otherwise have been allowed from the times so specified.

(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

of the death of the person whom he represents, affected by any such

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disability, the rules contained in sub-sections

(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

institute the suit or make the

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application within the same period after the death, as would otherwise have

been available to that person had he not died.

Explanation-

For the purposes of this section ‘minor‘ includes a child in the womb.

7. Disability of one of several persons.

Where one of several persons jointly entitled to institute a suit or make an

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-

This section applies to a discharge from every kind of liability, including a

liability in respect of any immovable property.

Explanation II-

For the purposes of this section, the manager of a Hindu undivided family

governed by the Mitakshara law shall be deemed to be capable of giving a

discharge without the concurrence of the other members of the family only if

he is in management of the joint family property.

Related Bare Act (in this act you will see the word Mitakshara): Hindu Succession Act,

1956

8. Special exceptions.

Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-

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

period of limitation for any suit or application.

9. Continuous running of time.

Where once time has begun to run, no subsequent disability or inability to

institute a suit or make an application stops it:

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

shall be suspended while the administration continues.

10. Suits against trustees and their representatives.

Notwithstanding anything contained in the foregoing provisions of this Act, no

suit against a person in whom property has become vested in trust for any

specific purpose, or against his legal representatives or assigns (not being

assigns for valuable consideration), for the purpose of following in his or their

hands such property, or the proceeds thereof, or for an account of such

property or proceeds, shall be barred by any length of time.

Explanation-

For the purposes of this section any property comprised in a Hindu, Muslim or

Buddhist religious or charitable endowment shall be deemed to be property

vested in trust for a specific purpose and the manager of the property shall be

deemed to be the trustee thereof.

11. Suits on contracts entered into outside the territories to which


the Act extends.

(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

shall be subject to the rules of limitation contained in this Act.

(2) No rule of limitation in force in the State (UT) of Jammu and Kashmir or in

a foreign country shall be a defence to a suit instituted in the said territories

on a contract entered into in that State or in a foreign country unless-

(a) the rule has extinguished the contract; and

(b) the parties were domiciled in that State or in the foreign country

during the period prescribed by such rule.

Part III of Limitation Act – Computation of Period of


Limitation
12. Exclusion of time in legal proceedings.

(1) In computing the period of limitation for any suit, appeal or application,

the day from which such period is to be reckoned, shall be excluded.

(2) In computing the period of limitation for an appeal or an application for leave

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AM to appeal or for revision or for reviewBare
of aAct
judgement, the day on which

judgement complained of was

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pronounced and the time requisite for obtaining a copy of the decree, sentence

or order appealed from or sought to be revised or reviewed shall be excluded.

(3) Where a decree or order is appealed from or sought to be revised or

reviewed, or where an application is made for leave to appeal from a decree or

order, the time requisite for obtaining a copy of the judgement shall also be

excluded.

(4) In computing the period of limitation for an application to set aside an

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

before an application for a copy thereof is made shall not be excluded.

13. Exclusion of time in cases where leave to sue or appeal as a


pauper is applied for.

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

the first instance.

14. Exclusion of time of proceeding bona fide in court without


jurisdiction.

(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,

whether in a court of first instance or of appeal or revision, against the

defendant shall be excluded, where the proceeding relates to the same

matter in issue and is prosecuted in good faith in a court which, from defect

of jurisdiction or other cause of a like nature, is unable to entertain it.

(2) In computing the period of limitation for any application, the time during

which the applicant has been prosecuting with due diligence another civil

proceeding, whether in a court of first instance or of appeal or revision,

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

jurisdiction or other cause of a like nature, is unable to entertain it.

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(3) Notwithstanding anything contained in rule 2 of Order XXIII of the Code of

Civil Procedure, 1908, the provisions of sub-section (1) shall apply in relation

to a fresh suit instituted on permission granted by the court under rule 1 of

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-

For the purposes of this section-

(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

ended shall both be counted;

(b) a plaintiff or an applicant resisting an appeal shall be deemed to be

prosecuting a proceeding;

(c) misjoinder of parties or of causes of action shall be deemed to be a

cause of a like nature with defect of jurisdiction.

15. Exclusion of time in certain other cases.

(1) In computing the period of limitation of any suit or application for the

execution of a decree, the institution or execution of which has been stayed

by injunction or order, the time of the continuance of the injunction or order,

the day on which it was issued or made, and the day on which it was

withdrawn, shall be excluded.

(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

time required for obtaining such consent or sanction shall be excluded.

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

of the government or other authority shall both be counted.

(3) In computing the period of limitation for any suit or application for execution

of a decree by any receiver or interim receiver appointed in proceedings for

the adjudication of a person as an insolvent or by any liquidator or provisional

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liquidator appointed in proceedings for Actwinding up of a company, the
the

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

or liquidator, as the case may be, shall be excluded.

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(4) In computing the period of limitation for a suit for possession by a purchaser

at a sale in execution of a decree, the time during which a proceeding to set

aside the sale has been prosecuted shall be excluded.

(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

under the administration of the Central Government, shall be excluded.

16. Effect of death on or before the accrual of the right to sue.

(1) Where a person who would, if he were living, have a right to institute a suit

or make an application dies before the right accrues, or where a right to

institute a suit or make an application accrues only on the death of a person,

the period of limitation shall be computed from the time when there is a legal

representative of the deceased capable of instituting such suit or making such

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

where a right to institute a suit or make an application against any person

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.

(3) Nothing in sub-section (1) or sub-section (2) applies to suits to enforce

rights of pre- emption or to suits for the possession of immovable property

or of a hereditary office.

17. Effect of fraud or mistake.

(1) Where, in the case of any suit or application for which a period of

limitation is prescribed by this Act-

(a) the suit or application is based upon the fraud of the defendant or

respondent or his agent; or

(b) the knowledge of the right or title on which suit or application is founded

is concealed by the fraud of any such person as aforesaid; or

(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

applicant has been fraudulently concealed from him;

the period of limitation shall not begin to run until the plaintiff or applicant has

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discovered the fraud or the mistake or Act with reasonable diligence, have
could,

discovered it; or in the case of a concealed document, until the plaintiff or the

applicant first had the means of producing the concealed document or

compelling its production:

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Provided that nothing in this section shall enable any suit to be instituted or

application to be made to recover or enforce any charge against, or set aside

any transaction affecting, any property which-

(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

subsequently to the transaction in which the mistake was made, by a

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

consideration by a person who was not a party to the concealment and,

did not at the time of purchase know, or have reason to believe, that the

document had been concealed.

(2) Where a judgement-debtor has, by fraud or force, prevented the execution

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

extend the period for execution of the decree or order:

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.

18. Effect of acknowledgement in writing.

(1) Where, before the expiration of the prescribed period for a suit or

application in respect of any property or right, an acknowledgement of liability

in respect of such property or right has been made in writing signed by the

party against whom such property or right is claimed, or by any person

through whom he derives his title or liability, a fresh period of limitation shall

be computed from the time when the acknowledgement was so signed.

(2) Where the writing containing the acknowledgement is undated, oral

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-

For the purposes of this section-

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(a) an acknowledgement may be sufficient though it omits to specify the exact

nature of the property or right, or avers that the time for payment, delivery,

performance or enjoyment has not yet come or is accompanied by a refusal to

pay, deliver, perform or permit to enjoy,

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or is coupled with a claim to set-off, or is addressed to a person other than a

person entitled to the property or right;

(b) the word “signed” means signed either personally or by an agent duly

authorised in this behalf; and

(c) an application for the execution of a decree or order shall not be

deemed to be an application in respect of any property or right.

19. Effect of payment on account of debt or of interest on legacy.

Where payment on account of a debt or of interest on a legacy is made before

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

of January, 1928, an acknowledgement of the payment appears in the

handwriting of, or in a writing signed by, the person making the payment.

Explanation-

For the purposes of this section-

(a) where mortgaged land is in the possession of the mortgagee, the receipt of

the rent or produce of such land shall be deemed to be a payment;

(b) “debt” does not include money payable under a decree or order of a court.

20. Effect of acknowledgement or payment by another person.

(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,

committee or manager or an agent duly authorised by such guardian,

committee or manager to sign the acknowledgement or make the payment.

(2) Nothing in the said sections renders one of several joint contractors,

partners, executors or mortgagees chargeable by reason only of a written

acknowledgement signed by, or of a payment made by, or by the agent of, any

other or others of them.

(3) For the purposes of the said sections,-

(a) an acknowledgement signed or a payment made in respect of any liability

by or by the duly authorised agent of, any limited owner of property who is
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be a valid acknowledgement or payment, as the case may be, against a

reversioner succeeding to such liability; and

(b) where a liability has been incurred by or on behalf of a Hindu undivided

family as such, an acknowledgement or payment made by, or by the duly

authorised agent of, the manager of the family for the time being shall be

deemed to have been made on behalf of the whole family.

21. Effect of substituting or adding new plaintiff or defendant.

(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

instituted when he was so made a party:

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

been instituted on any earlier date.

(2) Nothing in sub-section (1) shall apply to a case where a party is added or

substituted owing to assignment or devolution of any interest during the

pendency of a suit or where a plaintiff is made a defendant or a defendant is

made a plaintiff.

22. Continuing breaches and torts.

In the case of a continuing breach of contract or in the case of a continuing

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.

24. Computation of time mentioned in instruments.

All instruments shall for the purposes of this Act be deemed to be made with

reference to the Gregorian calendar.

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Part IV of Limitation Act – Acquisition of Ownership
by Possession
25. Acquisition of easement by prescription.

(1) Where the access and use of light or air to and for any building have been

peaceably enjoyed therewith as an easement, and as of right, without

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

other easement shall be absolute and indefeasible.

(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

which such period relates is contested.

(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

“twenty years” the words “thirty years” were substituted.

Explanation-

Nothing is an interruption with the meaning of this section, unless where there

is an actual discontinuance of the possession or enjoyment by reason of an

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.

26. Exclusion in favour of reversioner of servient tenement.

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

enjoyment of such easement during the continuance of such interest or term

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.

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AM A servient estate (or servient premises or Bare Act tenement) is a parcel of land that is
servient

subject to an easement. The easement may be an easement in gross, an easement that

benefits an individual or other entity, or it may be an easement appurtenant, an easement

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that benefits another parcel of land. For an easement appurtenant, the parcel of land that

benefits from an easement over the servient estate is called the dominant estate (or

dominant premises or dominant tenement. – Wikipedia

27. Extinguishment of right to property.

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.

Part V of Limitation Act – Miscellaneous


28. Amendment of certain Acts.

[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

provisions of section 3 shall apply as if such periods were the periods

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

law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in

so far as, and to the extent to which, they are not expressly excluded by such

special or local law.

(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

other proceeding under any such law.

(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,

1882 (5 of 1882), may for the time being extend.

30. Provision for suits, etc, for the prescribed period is shorter
than the period prescribed by the Indian Limitation Act, 1908.

Notwithstanding anything contained in this Act-

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(a) any suit for which the period of limitation

limitation prescribed by the Indian Limitation Act, 1908, may be instituted

within a period of seven

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years next after the commencement of this Act or within the period prescribed

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

Indian Limitation Act, 1908, whichever period expires earlier.

31. Provisions as to barred or pending suits, etc.

Nothing in this Act shall-

(a) enable any suit, appeal or application to be instituted, preferred or made,

for which the period of limitation prescribed by the Indian Limitation Act,

1908, expired before the commencement of this Act; or

(b) affect any suit, appeal or application instituted, preferred or made before,

and pending at, such commencement.

32. Repeal.

[Rep. by the Repealing and Amending Act, 1974 (56 of 1974)]

Schedule of the Limitation Act

Read Next:

1. Important Sections of Limitation Act

2. Important Definitions Under the Limitation Act, 1963

3. General Introduction to the Limitation Act, 1963

4. Limitation Act PDF Download

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