THE LIMITATION ACT, 1963 
_________ 
ARRANGEMENT OF SECTIONS 
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PART I 

PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 
2. Definitions. 

PART II 

LIMITATION OF SUITS, APPEALS AND APPLICATIONS 

3. Bar of limitation. 
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 

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 acknowledgment in writing. 
19. Effect of payment on account of debt or of interest on legacy. 
20. Effect of acknowledgment 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 

ACQUISITION OF OWNERSHIP BY POSSESSION 

25. Acquisition of easements by prescription. 

26. Exclusion in favour of reversioner of servient tenement. 

27. Extinguishment of right to property. 

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PART V 

MISCELLANEOUS 

SECTIONS 

28. [Repealed.] 

29. Savings. 

30. Provision for suits, etc., for which 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. [Repealed.] 

THE SCHEDULE. 

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THE LIMITATION ACT, 1963 
ACT NO. 36 OF 1963 

[5th October, 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 

PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Limitation Act, 1963. 
(2) It extends to the whole of India 1***. 
(3)  It  shall  come  into  force  on  such  date2  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; 

(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; 

1. 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). 

2. 1st January, 1964, vide notification No. S.O. 3118, dated 29th October, 1963, see Gazette of India, Part II, sec. 3 (ii). 
    Amended in West Bengal by W.B. Act 18 of 1977. 

1st September, 1984,  vide notification No. S.O. 647(C), in respect of the State of Sikkim dated 24th August, 1984,  see 
Gazette of India, Part II, sec. 3(ii). 

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(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; 

(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 

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.—Where the  prescribed period  for  any  suit, 
appeal  or application  expires  on  a  day  when  the  court  is closed, the  suit,  appeal  or  application  may  be 
instituted, preferred or made on the day when the court re-opens. 

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 (5 of 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  missed  by  any  order,  practice  or 
judgment 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 there for in the third column of the 
Schedule. 

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(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 time 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 disability, the rules contained sub-sections (1) and (2) 
shall apply. 

(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 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. 

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  a  creditor  have  been  granted  to  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 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 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 on in a foreign 
country unless— 

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(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 

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  to  appeal  or  for 
revision or for review of a judgment, the day on which the judgment complained of was 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 judgment 1*** 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 proceeding 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. 

(3)  Notwithstanding  anything  contained  in  rule  2  of  Order  XXIII  of  the  Code  of  Civil  Procedure, 
1908  (5  of  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; 

1. The words “on which the decree or order is founded” omitted by Act 46 of 1999, s. 33 (w.e.f. 1-7-2002). 

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(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 liquidator  appointed  in proceedings  for  the  winding  up  of  a  company,  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. 

(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 make 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 a 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, 

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the period of limitation shall not begin to run until the plaintiff or applicant has discovered the fraud or 
the  mistake  or  could,  with  reasonable  diligence,  have  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: 

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  a  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  judgment-debtor  has,  by  fraud  or  force,  prevented  the  execution  of  a  decree  or  order 
within the period of limitation, the court may, on the application of the judgment-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  acknowledgment  in  writing.—(1)  Where,  before  the  expiration  of  the  prescribed 
period  for  a  suit  or  application  in  respect  of  any  property  or  right,  an  acknowledgment  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 acknowledgment was so signed. 

(2) Where the writing containing the acknowledgment 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 (1 of 1872), oral 
evidence of its contents shall not be received. 

Explanation.—For the purposes of this section,— 

(a)  an  acknowledgment  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, 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 
acknowledgment  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,— 

8 

(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  acknowledgment  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 acknowledgment 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 acknowledgment 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 acknowledgment 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 governed by Hindu law, shall be a valid 
acknowledgment 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 
acknowledgment 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. 

PART IV 

ACQUISITION OF OWNERSHIP BY POSSESSION 

 25. Acquisition of easements 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. 

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(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 within 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 is 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 serivent 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 twenty years in case the claim is, within three years next after the determination of such interest or 
term, resisted by the person entitled on such determination to the said land or water. 

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 

MISCELLANEOUS 

 28.  [Amendment  of  certain  Acts.]—Rep.  by  Repealing  and  Amending  Act,  1974  (56  of  1974),s. 

2andtheFirst Schedule (w.e.f. 20-12-1974). 

29. Savings.—(1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 (9 of 

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 
period  were  the  period  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  which  the  prescribed  period  is  shorter  than  the  period 

prescribed by the Indian Limitation Act, 1908.—Notwithstanding anything contained in this Act,— 

(a) any suit for which the period of limitation is shorter than the period of limitation prescribed by 
the Indian Limitation Act, 1908 (9 of 1908), may be instituted within a period of1[seven years] next 
after  the  commencement  of  this  Act  or  within  the  period  prescribed  for  such  suit  by  the  Indian 
Limitation Act, 1908 (9 of 1908), whichever period expires earlier: 

2[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 (9 of 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 (9 of 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;] 

1. Subs. by Act 10 of 1969, s. 2, for “five years” (retrospectively). 
2. Ins. by s. 2, ibid. (retrospectively). 

10 

                                                           
(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 (9 of 1908), may be preferred or made within 
a period of ninety days next after the commencement of this Act or within the period prescribed for 
such appeal or application by the Indian Limitation Act, 1908, whichever period expires earlier. 

Jammu and Kashmir and Ladakh (UTs).— 

STATE AMENDMENT 

Insertion of Section 30A .— After section 30, insert the following section, namely: — 

“30A.  Provision  for  suits,  etc.,  for  which  the  prescribed  period  is  shorter  than  the  period 
prescribed by the Limitation Act, samvat 1995.—Notwithstanding anything contained in this 
Act,— 

(a) Any suit for which the period of limitation is shorter than the period of limitation prescribed 
by the Limitation Act, Samvat 1995, may be instituted within a period of one year next after 
the commencement of the Jammu and Kashmir Reorganisation Act, 2019 or within the period 
prescribed  for  such  suit  by  the  Limitation  Act,  Samvat  1995,  whichever  period  expires 
earlier: 

Provided that if in respect of any such suit, the said period of one year expires earlier than 
period  of  limitation  prescribed  therefor  under  the  Limitation  Act,  Samvat  1995  (now 
repealed) and the said period of one year together with so much of the period of limitation in 
respect of such suit under the said Act, as has already expired before the commencement of 
the Jammu  and  Kashmir  Reorganisation  Act,  2019 is  shorter than the  period  prescribed for 
such suit under the Limitation Act, 1963, then, the suit may be instituted within the period of 
limitation prescribed therefor under the Limitation Act, 1963; 

(b)  Any  appeal  or  application  for  which  the  period  of  limitation  is  shorter  than  the  period  of 
limitation prescribed by the Limitation Act, Samvat 1995, may be preferred or made within a 
period  of  ninety  days  next  after  the  commencement  of  the  Jammu  and  Kashmir 
Reorganisation  Act,  2019 or  within  the  period  prescribed for such  appeal or  application  by 
the Limitation Act, Samvat 1995, whichever period expires earlier.” 

[Vide  the  Jammu  and  Kashmir  Reorganization  (Adaptation  of  Central  Laws)  Order,  2020,  vide 
notification  No.  S.O.  1123(E)  dated  (18-3-2020)  and  Vide  Union  Territory  of  Ladakh  Reorganisation 
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).] 

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  (9  of  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 Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule 

(w.e.f. 20-12-1974). 

11 

 
 
 
THE SCHEDULE 
(PERIODS OF LIMITATION) 
[See sections 2(j) and 3] 
FIRST DIVISION—SUITS 

Description of suit 

Period of limitation 

Time from which period begins to run 

PART I.—SUITS RELATING TO ACCOUNTS 

1.  For  the  balance  due  on  a  mutual, 
open  and  current  account,  where 
there 
reciprocal 
demands between the parties. 

been 

have 

2.  Against a factor for an account. 

3.  By  a  principal  against  his  agent  for 
movable  property  received  by  the 
latter and not accounted for. 

Three years. 

The  close  of  the  year  in  which  the  last 
item  admitted  or  proved  is  entered  in 
the account; such year to be computed 
as in the account. 

Three years.  When 

is,  during 

the  account 

the 
continuance  of  the  agency,  demanded 
and refused or, where no such demand 
is made, when the agency terminates. 

Three years.  When 

is,  during 

the  account 

the 
continuance  of  the  agency,  demanded 
and refused or, where no such demand 
is made, when the agency terminates. 

4.  Other  suits  by  principals  against 

Three years.  When the neglect or misconduct becomes 

agents for neglect or misconduct. 

known to the plaintiff. 

5.  For  an  account  and  a  share  of  the 

Three years. 

The date of the dissolution. 

profits of a dissolved partnership. 

PART II.—SUITS RELATING TO CONTRACTS 

6. 

For a seaman’s wages 

Three years. 

The  end  of  the  voyage  during  which  the 

wages are earned. 

7. 

For  wages  in  the  case  of  any  other 

Three years.  When the wages accrue due. 

person. 

8. 

For  the  price  of  food  or  drink  sold 
by  the  keeper  of  a  hotel,  tavern 
or lodging-house. 

Three years.  When the food or drink is delivered. 

9. 

For the price of lodging. 

Three years.  When the price becomes payable. 

10.  Against  a  carrier  for  compensation 

Three years.  When the loss or injury occurs. 

for losing or injuring goods. 

11.  Against  a  carrier  for  compensation 
for  non-delivery  of,  or  delay  in 
delivering, goods. 

Three years.  When the goods ought to be delivered. 

12.  For  the  hire  of  animals,  vehicles, 

Three years.  When the hire becomes payable. 

boats or household furniture. 

13.  For the balance of money advanced 
in  payment  of  goods  to  be 
delivered. 

14.  For  the  price  of  goods  sold  and 
delivered where  no  fixed period 
of credit is agreed upon. 

15.  For  the  price  of  goods  sold  and 
delivered to be paid for after the 
expiry  of  a  fixed  period  of 
credit. 

Three years.  When the goods ought to be delivered. 

Three years. 

The date of the delivery of the goods. 

Three years.  When the period of credit expires. 

12 

 
 
 
 
 
Description of suit 

Period of limitation 

Time from which period begins to run 

16.  For  the  price  of  goods  sold  and 
delivered to be paid for by a bill 
of  exchange,  no  such  bill  being 
given. 

17.  For  the  price  of  trees  or  growing 
crops sold by the plaintiff to the 
defendant where no fixed period 
of credit is agreed upon. 

18.  For  the  price  of  work  done  by  the 
plaintiff  for  the defendant  at  his 
request, where no time has been 
fixed for payment. 

Three years.  When  the  period  of  the  proposed  bill 

elapses. 

Three years. 

The date of the sale. 

Three years.  When the work is done. 

19.  For money payable for money lent. 

Three years.  When the loan is made. 

20.  Like suit when the lender has given 
a cheque for the money. 

21.  For money lent under an agreement 
it  shall  be  payable  on 

that 
demand. 

Three years.  When the cheque is paid. 

Three years.  When the loan is made. 

22.  For  money  deposited  under  an 
agreement 
shall  be 
payable  on  demand,  including 
money  of  a  customer  in  the 
hands of his banker so payable. 

that 

it 

23.  For  money  payable  to  the  plaintiff 
the 

paid 

for 

for  money 
defendant. 

24.  For  money  payable  by 

the 
defendant  to  the  plaintiff  for 
money 
the 
received 
defendant, for the plaintiff's use. 

by 

25.  For  money  payable  for  interest 
the 

upon  money  due 
defendant to the plaintiff. 

from 

26.  For  money  payable  to  the  plaintiff 
for money found to be due from 
the  defendant  to  the  plaintiff  on 
accounts stated between them. 

27.  For  compensation  for  breach  of  a 
promise  to  do  anything  at  a 
the 
specified 
happening 
specified 
contingency. 

time,  or  upon 
a 

of 

Three years.  When the demand is made. 

Three years.  When the money is paid. 

Three years.  When the money is received. 

Three years.  When the interest becomes due. 

Three years.  When  the  accounts  are  stated  in  writing 
signed  by  the  defendant  or  his  agent 
duly  authorised  in  this  behalf,  unless 
where  the  debt  is,  by  a  simultaneous 
in  writing  signed  as 
agreement 
aforesaid,  made  payable  at  a  future 
time, and then when that time arrives. 

Three years.  When  the  time  specified  arrives  or  the 

contingency happens. 

28.  On  a  single  bond,  where  a  day  is 
specified for payment. 

Three years. 

The day so specified. 

29.  On  a  single  bond,  where  no  such 

Three years. 

The date of executing the bond. 

day is specified. 

30.  On a bond subject to a condition. 

Three years.  When the condition is broken. 

13 

 
Description of suit 

Period of limitation 

Time from which period begins to run 

31.  On a bill of exchange or promissory 
note payable at a fixed time after 
date. 

32.  On  a  bill  of  exchange  payable  at 
sight, or after sight, but not  at a 
fixed time. 

Three years.  When the bill or note falls due. 

Three years.  When the bill is presented. 

33.  On  a  bill  of  exchange  accepted 

Three years.  When the bill is presented at that place. 

payable at a particular place. 

34.  On a bill of exchange or promissory 
note payable at a fixed time after 
sight or after demand. 
35.  On a bill of exchange or promissory 
note payable on demand and not 
accompanied  by  any  writing 
restraining  or  postponing 
the 
right to sue. 

36.  On  a  promissory  note  or  bond 
payable by instalments. 

37.  On  a  promissory  note  or  bond 
payable  by  instalments,  which 
provides that, if default be made 
in  payment  of  one  or  more 
instalments,  the  whole  shall  be 
due. 

38.  On  a  promissory  note  given  by  the 
maker  to  a  third  person  to  be 
delivered  to  the  payee  after  a 
certain event should happen. 

39.  On  a  dishonoured  foreign  bill 
where  protest  has  been  made 
and notice given. 

40.  By  the payee against  the drawer  of 
a  bill  of  exchange,  which  has 
been 
bynon-
dishonoured 
acceptance. 
the 

an 
acceptor 
accommodation-bill  against  the 
drawer. 

41.  By 

of 

Three years.  When the fixed time expires. 

Three years. 

The date of the bill or note. 

Three years. 

The  expiration  of 

the  first 

term  of 
payment  as  to  the  part  then  payable; 
and for the other parts, the expiration 
of the respective terms of payment. 

Three years.  When  the  default  is  made,  unless  where 
the  payee  or  obligee  waives  the 
benefit  of  the  provision  and  then 
when fresh default is made in respect 
of which there is no such waiver. 

Three years. 

The date of the delivery to the payee. 

Three years.  When the notice is given. 

Three years. 

The date of the refusal to accept. 

Three years.  When the acceptor pays the amount of the 

bill. 

42.  By  a  surety  against  the  principal 

Three years.  When the surety pays the creditor. 

debtor. 

43.  By a surety against a co-surety. 

44.  (a)  On  a  policy  of  insurance  when 
the sum  insured is payable  after 
proof  of  the  death  has  been 
given  to  or  received  by  the 
insurers. 

(b) On  a  policy  of  insurance  when 
the sum  insured is payable  after 
proof of the loss has been given 
to or received by the insurers. 

Three years.  When  the  surety  pays  anything  in  excess 
of his own share. 

Three years. 

Three years. 

The  date of  the  death  of  the  deceased,  or 
where  the  claim  on  the  policy  is 
denied,  either  partly  or  wholly,  the 
date of such denial. 

The  date  of  the  occurrence  causing  the 
loss, or where the claim on the policy 
is denied, either partly or wholly, the 
date of such denial. 

14 

 
 
Description of suit 

Period of limitation 

Time from which period begins to run 

45.  By  the  assured  to  recover  premia 
paid  under  a  policy  voidable  at 
the election of the insurers. 

46.  Under  the  Indian  Succession  Act, 
1925  (39  of  1925),  section  360 
or  section  361,  to  compel  a 
refund  by  a  person  to  whom  an 
executor  or  administrator  has 
paid  a 
legacy  or  distributed 
assets. 

47.  For  money  paid  upon  an  existing 
consideration  which  afterwards 
fails. 

48.  For contribution by a party who has 
paid the whole or more than his 
share of the amount due under a 
joint  decree,  or  by  a  sharer  in  a 
joint  estate  who  has  paid  the 
whole or more than his share of 
the amount of revenue due from 
himself and his co-sharers. 

49.  By  a  co-trustee  to  enforce  against 
the estate of a deceased trustee a 
claim for contribution. 

50.  By  the manager  of  a  joint  estate of 
an 
for 
undivided 
contribution,  in  respect  of  a 
payment  made  by  him  on 
account of the estate. 

family 

51.  For 

the  profits  of 

immovable 
property 
the 
belonging 
plaintiff  which  have  been 
the 
wrongfully 
defendant. 

received  by 

to 

Three years.  When  the  insurers  elect  to  avoid  the 

policy. 

Three years. 

The date of the payment or distribution. 

Three years. 

The date of the failure. 

Three years. 

The  date  of  the  payment  in  excess  of  the 

plaintiff’s own share. 

Three years.  When the right to contribution accrues. 

Three years. 

The date of the payment. 

Three years.  When the profits are received. 

52.  For arrears of rent. 

Three years.  When the arrears become due. 

53.  By a vendor of immovable property 
for  personal  payment  of  unpaid 
purchase-money. 

Three years. 

54.  For  specific  performance  of  a 

Three years. 

contract. 

The  time  fixed  for  completing  the  sale, 
or  (where  the  title  is  accepted  after 
the  time  fixed  for  completion)  the 
date of the acceptance. 

The date fixed for the performance, or, if 
no  such  date  is  fixed,  when  the 
plaintiff has notice that performance 
is refused. 

55.  For compensation for the breach of 
any  contract,  express or  implied 
not  herein  specially  provided 
for. 

Three years.  When  the  contract  is  broken  or  (where 
there  are  successive  breaches)  when 
the  breach  in  respect  of  which  the 
suit is instituted occurs or (where the 
breach is continuing) when it ceases. 

15 

 
Description of suit 

Period of limitation 

Time from which period begins to run 

PART III.—SUITS RELATING TO DECLARATIONS 

56.  To  declare 

the 

forgery  of  an 

Three years.  When  the  issue  or  registration  becomes 

instrument issued or registered. 

known to the plaintiff. 

57.  To  obtain  a  declaration  that  an 
alleged  adoption  is  invalid,  or 
never, in fact, took place. 

Three years.  When  the  alleged  adoption  becomes 

known to the plaintiff. 

58.  To obtain any other declaration. 

Three years.  When the right to sue first accrues. 

PART IV.—SUITS RELATING TO DECREES AND INSTRUMENTS 

59.  To cancel or set aside an instrument 
or  decree  or  for  the  rescission  of 
a contract. 

Three years.  When  the  facts  entitling  the  plaintiff  to 
have 
instrument  or  decree 
the 
cancelled  or  set  aside  or  the  contract 
rescinded first become known to him. 

60.  To  set  aside  a  transfer  of  property 
the  guardian  of  a 

made  by 
ward— 

(a) by the ward who has attained 

Three years.  When the ward attains majority. 

majority; 

(b)by 

the 
representative— 

ward’s 

legal 

(i)  when  the  ward  dies  within 
three  years  from  the  date  of 
attaining majority. 

Three years.  When the ward attains majority. 

(ii)  when  the  ward  dies  before 

Three years.  When the ward dies. 

attaining majority. 

PART V.—SUITS RELATING TO IMMOVABLE PROPERTY 

61.  By a mortgagor— 

(a)to 

redeem 

possession 
property mortgaged; 

of 

or 

recover 
immovable 

(b)to 

recover  possession  of 
immovable property mortgaged 
and  afterwards  transferred  by 
the  mortgagee  for  a  valuable 
consideration; 

(c)  to  recover  surplus  collections 
received by the mortgagee after 
the  mortgage 
been 
satisfied. 

has 

62.  To  enforce  payment  of  money 
secured  by  a  mortgage  or 
otherwise 
upon 
immovable property. 

charged 

63.  By a mortgagee— 

Thirty years.  When  the  right  to  redeem  or  to  recover 
possession accrues. 

Twelve years.  When  the  transfer  becomes  known  to  the 

plaintiff. 

Three years.  When  the  mortgagor  re-enters  on  the 
mortgaged property. 

Twelve years.  When the money sued for becomes due. 

(a) for foreclosure; 

Thirty years.  When the  money  secured  by  the mortgage 

becomes due. 

(b)  for  possession  of  immovable 

Twelve years.  When  the  mortgagee  becomes  entitled  to 

property mortgaged. 

possession. 

16 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Description of suit 

Period of limitation 

Time from which period begins to run 

64.  For 

65.  For 

of 

possession 

immovable 
property  based  on  previous 
possession and not on title, when 
the  plaintiff  while  in  possession 
of 
the  property  has  been 
dispossessed. 
possession 

immovable 
property  or  any  interest  therein 
based on title. 

of 

Explanation.—For  the  purposes  of 

this article— 
(a)where 

the 

is  by  a 
suit 
remainderman,  a  reversioner 
(other  than  a  landlord)  or  a 
devisee,  the  possession  of  the 
defendant  shall  be  deemed  to 
become  adverse  only  when  the 
estate  of 
the  remainderman, 
reversioner  or  devisee,  as  the 
into 
case  may  be, 
possession; 

falls 

the 

(b)  where  the  suit  is  by  a  Hindu 
to 
the 
or  Muslim  entitled 
immovable 
of 
possession 
property  on  the  death  of  a 
Hindu  or  Muslim  female,  the 
possession  of 
the  defendant 
shall  be  deemed  to  become 
adverse  only  when  the  female 
dies; 
(c)where 

is  by  a 
suit 
purchaser at a sale in execution 
of a decree when the judgment-
debtor was out of possession at 
the  date  of 
the 
purchaser  shall  be  deemed  to 
be  a 
the 
judgment-debtor  who  was  out 
of possession. 
possession 

representative  of 

the  sale, 

immovable 
property  when  the  plaintiff  has 
become  entitled  to  possession  by 
reason of any forfeiture or breach 
of condition. 

of 

66.  For 

Twelve years. 

The date of dispossession. 

Twelve years.  When  the  possession  of  the  defendant 

becomes adverse to the plaintiff. 

Twelve years.  When  the  forfeiture  is  incurred  or  the 

condition is broken. 

67.  By  a  landlord  to  recover  possession 

Twelve years.  When the tenancy is determined. 

from a tenant. 

PART VI.—SUITS RELATING TO MOVABLE PROPERTY 

68.  For  specific  movable  property  lost, 
or acquired by theft, or dishonest 
misappropriation or conversion. 

Three years.  When  the  person  having  the  right  to  the 
possession of the property first learns 
in whose possession it is. 

69.  For other specific movable property. 

Three years.  When the property is wrongfully taken. 

70.  To 

recover  movable 

property 
deposited  or  pawned  from  a 
depositary or pawnee. 

Three years. 

The date of refusal after demand. 

17 

 
 
 
Description of suit 

Period of 
limitation 

Time from which period begins to run 

71.  To 

recover  movable 

or 

deposited 
afterwards  bought 
depository  or  pawnee 
valuable consideration. 

pawned, 
from 

property 
and 
the 
for  a 

Three years.  When  the  sale  becomes  known  to  the 

plaintiff. 

PART VII.—SUITS RELATING TO TORT 

72.  For  compensation  for  doing  or  for 
omitting  to  do  an  act  alleged  to 
be in pursuance of any enactment 
in force for the time being in the 
territories 
this  Act 
to  which 
extends. 

One year. 

When the act or omission takes place. 

73.  For 

compensation 

for 

false 

One year. 

When the imprisonment ends. 

imprisonment. 

74.  For  compensation  for  a  malicious 

One year. 

prosecution. 

When  the  plaintiff  is  acquitted  or  the 
prosecution is otherwise terminated. 

75.  For compensation for libel. 

One year. 

When the libel is published. 

76.  For compensation for slander. 

One year. 

When  the  words  are  spoken,  or,  if  the 
words 
in 
not 
themselves,  when  the  special  damage 
complained of results. 

actionable 

are 

77.  For compensation for loss of service 
occasioned  by  the  seduction  of 
the 
or 
daughter. 

plaintiff’s 

servant 

One year. 

When the loss occurs. 

78.  For  compensation  for  inducing  a 
person  to  break  a  contract  with 
the plaintiff. 

One year. 

The date of the breach. 

79.  For  compensation  for  an  illegal, 

One year. 

The date of the distress. 

irregular or excessive distress. 

80.  For  compensation 

for  wrongful 
seizure  of  movable  property 
under legal process. 

81.  By  executors,  administrators  or 
representatives  under  the  Legal 
Representatives’  Suits  Act,  1855 
(12 of 1855). 

82.  By  executors,  administrators  or 
representatives  under  the  Indian 
Fatal  Accidents Act,  1855  (13  of 
1855). 

83.  Under  the  Legal  Representatives’ 
Suits  Act,  1855  (12  of  1855), 
an 
an 
against 
administrator 
other 
representative. 

executor, 
any 

or 

One year. 

The date of the seizure. 

One year. 

The  date  of  the  death  of  the  person 

wronged. 

Two years. 

The date of the death of the person killed. 

Two years.  When the wrong complained of is done. 

84.  Against  one  who,  having  a  right  to 
specific 
to  other 

use 
for 
property 
purposes,  perverts  it 
purposes. 

Two years.  When the perversion first becomes known 

to the person injured thereby. 

18 

 
Description of suit 

85.  For  compensation  for  obstructing  a 

way or a water-course. 

Period of limitation 
Three years. 

Time from which period begins to run 

The date of the obstruction. 

86.  For  compensation  for  diverting  a 

Three years. 

The date of the diversion. 

water-course. 

87.  For  compensation  for  trespass  upon 

Three years. 

The date of the trespass. 

88.  For  compensation 

immovable property. 
for 

infringing 
copyright  or  any  other  exclusive 
privilege. 

89.  To restrain waste. 
90.  For  compensation  for  injury  caused 
injunction  wrongfully 

by  an 
obtained. 
91.  For compensation,— 

(a)for wrongfully taking or detaining 
any  specific              movable 
property lost, oracquired by theft, 
or  dishonest  misappropriation,  or 
conversion; 

(b) for wrongfully taking or injuring 
or wrongfully detaining any other 
specific movable property. 

Three years. 

The date of the infringement. 

Three years.  When the waste begins. 
Three years.  When the injunction ceases. 

Three years. 

When  the  person having  the  right  to  the 
possession of the property first learns 
in whose possession it is. 

Three years.  When the property is wrongfully taken or 
the  detainer’s 

injured,  or  when 
possession becomes unlawful. 

PART VIII.—SUITS RELATING TO TRUSTS AND TRUST PROPERTY 

92.  To recover possession of immovable 
property conveyed or bequeathed 
in trust and afterwards transferred 
by  the  trustee  for  a  valuable 
consideration. 

93.  To  recover  possession  of  movable 
property conveyed or bequeathed 
in trust and afterwards transferred 
by  the  trustee  for  a  valuable 
consideration. 

94.  To set aside a transfer of immovable 
property  comprised  in  a  Hindu, 
Muslim  or  Buddhist  religious  or 
charitable endowment, made by a 
manager  thereof  for  a  valuable 
consideration. 

95.  To  set  aside  a  transfer  of  movable 
property  comprised  in  a  Hindu, 
Muslim  or  Buddhist  religious  or 
charitable endowment, made by a 
manager  thereof  for  a  valuable 
consideration. 

96.  By the manager of Hindu, Muslim or 
Buddhist  religious  or  charitable 
endowment to recover possession 
immovable 
of  movable 
properly 
the 
comprised 
endowment  which  has  been 
previous 
transferred 
manager 
valuable 
consideration. 

by 
for 

a 
a 

or 

in 

Twelve years.  When the transfer becomes known to the 

plaintiff. 

Three years.  When the transfer becomes known to the 

plaintiff. 

Twelve years.  When the transfer becomes known to the 

plaintiff. 

Three years.  When the transfer becomes known to the 

plaintiff. 

Twelve years. 

The date of death, resignation or removal 
of  the  transferor  or  the  date  of 
the  plaintiff  as 
appointment  of 
manager 
endowment, 
the 
whichever is later. 

of 

19 

 
 
 
 
Description of suit 

Period of limitation 
PART IX.—SUITS RELATING TO MISCELLANEOUS MATTERS 

Time from which period begins to run 

97.  To  enforce  a  right  of  pre-emption 
whether the right is founded on 
law  or  general  usage  or  on 
special contract. 

98.  By  a  person  against  whom 1[an 
order referred to in rule 63 or in 
rule  103]  of  Order  XXI  of  the 
Code  of  Civil  Procedure,  1908 
(5  of  1908),  or  an  order  under 
section  28  of 
thePresidency 
Small  Cause  Courts  Act,  1882 
(15 of 1882), has been made, to 
establish  the  right  which  he 
claims 
property 
to 
comprised in the order. 
99.  To  set  aside  a  sale  by  a  civil  or 
revenue  court  or  a  sale  for 
arrears of  Government  revenue 
or  for  any  demand  recoverable 
as such arrears. 

the 

100.  To  alter  or  set  aside  any  decision 
or  order  of  a  civil  court  in  any 
proceeding  other  than  a  suit  or 
any act or order of an officer of 
Government 
in  his  official 
capacity. 

101.  Upon  a 

judgment, 

foreign 
recognisance. 

judgment, 

including  a 
a 
or 

to  be 

One year.  When  the  purchaser  take  under  the  sale 
sought 
impeached,  physical 
possession  of  the  whole  or  part  of  the 
property  sold,  or,  where  the  subject 
matter  of  the  sale  does  not  admit  of 
physical possession of the whole or part 
of the property, when the instrument of 
sale is registered. 
The date of the final order. 

One year. 

One year.  When  the  sale  is  confirmed  or  would 
otherwise  have  become 
final  and 
conclusive  had  no  such  suit  been 
brought. 

One year. 

The date of the final decision or order by the 
court  or  the  date  of  the  act  or  order  of 
the officer, as the case may be. 

Three years. 

The date of the judgment or recognisance. 

102.  For property which the plaintiff has 
conveyed while insane. 
103.  To  make  good  out  of  the  general 
estate  of  a  deceased  trustee  the 
loss  occasioned  by  a  breach  of 
trust. 

Three years.  When  the  plaintiff  is  restored  to  sanity 
and has knowledge of the conveyance. 
The  date  of  the  trustee's  death  or  if  the 
loss  has  not  then  resulted,  the  date  of 
the loss. 

Three years. 

104.  To 

establish 
recurring right. 

a 

periodically 

Three years.  When  the  plaintiff  is  first  refused  the 

enjoyment of the right. 

105.  By  a  Hindu 
maintenance. 

for  arrears  of 

Three years.  When the arrears are payable. 

Twelve years.  When 

the 

legacy  or  share  becomes 

payable or deliverable. 

106.  For  a  legacy  or  for  a  share  of  a 
residur  bequeathed  by  a  testator 
or for a distributive share of the 
property  of  an  intestate  against 
an  executor  or  an  administrator 
or  some  other  person  legally 
charged  with 
the  duty  of 
distributing the estate. 

1. Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for “an order under rule 63 or rule 103,” (w.e.f. 29-12-1964).  

20 

                                                           
 
Description of suit 

Period of limitation 

Time from which period begins to run 

107.  For  possession  of  a  hereditary 

Twelve years.  When  the  defendant  takes  possession  of 

office. 

Explanation.—A  hereditary  office 
is possessed when the properties 
thereof  are  usually  received,  or 
(if there are no properties) when 
the  duties  thereof  are  usually 
performed. 

the office adversely to the plaintiff. 

108.  Suit  during  the  life  of  a  Hindu  or 
Muslim  female  by  a  Hindu  or 
Muslim  who,  if  the  female  died 
at the date of instituting the suit, 
would  be 
the 
possession  of  land,  to  have  an 
alienation of such land made by 
the  female  declared  to  be  void 
except for her life or until her re-
marriage. 

entitled 

to 

109.  By 

governed 

a  Hindu 

by 
Mitakshara  law  to  set  aside  his 
father’s  alienation  of  ancestral 
property. 

110.  By  a  person  excluded  from  a  joint 
family  property  to  enforce  a 
right to share therein. 

111.  By  or  on  behalf  of  any 

local 
authority  for  possession  of  any 
public street  or  road or  any  part 
thereof  from  which  it  has  been 
dispossessed  or  of  which  it  has 
discontinued the possession. 

112.  Any  suit  (except  a  suit  before  the 
Supreme Court in the exercise of 
its original jurisdiction) by or on 
Central 
of 
behalf 
any  State 
Government 
Government, 
the 
Government  of 
the  State  of 
Jammu and Kashmir. 

or 
including 

the 

Twelve years. 

The date of the alienation. 

Twelve years.  When  the  alienee  takes  possession  of  the 

property. 

Twelve years.  When  the  exclusion  becomes  known  to 

the plaintiff. 

Thirty years. 

The  date  of 

the  dispossession  or 

discontinuance. 

Thirty years.  When  the  period  of  limitation  would 
begin  to  run  under  this  Act  against  a 
like suit by a private person. 

PART X.—SUITS FOR WHICH THERE IS NO PRESCRIBED PERIOD 

113.  Any  suit  for  which  no  period  of 
limitation  is  provided  elsewhere 
in this Schedule. 

Three years.  When the right to sue accrues. 

SECOND DIVISION—APPEALS 
of 

114.  Appeal 

an 

order 

from 
acquittal,— 
(a)under  sub-section  (1)  or  sub-
section  (2)  of  section  417  of 
the  Code 
of  Criminal 
Procedure, 1898 (5 of 1898); 
sub-section 

(b)under 

(3)  of 

Ninety days. 

The date of the order appealed from. 

Thirty days. 

The date of the grant of special leave. 

section 417 of that Code. 

21 

 
 
  
  
 
 
Description of suit 

Period of limitation 

Time from which period begins to run 

115.  Under 

the  Code  of  Criminal 

Procedure, 1898 (5 of 1898)— 

(a)  from  a  sentence  of  death 
passed by a court of session or 
in 
by  a  High  Court 
the 
exercise 
original 
criminal jurisdiction; 

its 

of 

Thirty days. 

The date of the sentence. 

(b)  from  any  other  sentence  or 
any  order  not  being  an  order 
of acquittal— 

(i) to the High Court 

Sixty days. 

The date of the sentence or order. 

(ii) to any other court 

Thirty days. 

The date of the sentence or order. 

116.  Under the Code of Civil Procedure, 

1908 (5 of 1908)— 

(a)  to  a  High  Court  from  any 

Ninety days. 

The date of the decree or order. 

decree or order. 

(b)  to  any  other  court  from  any 

Thirty days. 

The date of the decree or order. 

decree or order. 

117.  From a decree or order of any High 
Court to the same Court. 

Thirty days. 

The date of the decree or order. 

THIRD DIVISION—APPLICATIONS 

PART I.—APPLICATIONS IN SPECIFIED CASES 

118.  For leave to appear and defend a 
summary 

under 

suit 
procedure. 

Ten days. 

When the summons is served. 

119.  Under  the  Arbitration  Act,  1940 

(10 of 1940),— 

(a) for the filing in court of an 

Thirty days. 

The  date  of  service  of  the  notice  of  the 

award; 

(b)  for  setting  aside  an  award 
or getting an award remitted 
for reconsideration. 

120.  Under 

the  Code  of  Civil 
Procedure,  1908  (5  of  1908), 
to have the legalrepresentative 
of  a  deceased  plaintiff  or 
appellant  or  of  a  deceased 
defendant or respondent, made 
a party. 

making of the award; 

Thirty days. 

The  date  of  service  of  the  notice  of  the 

filing of the award. 

Ninety days. 

The  date  of  death  of 

the  plaintiff, 
appellant,  defendant  or  respondent,  as 
the case may be. 

121.  Under the same Code for an order 

Sixty days. 

The date of abatement. 

to set aside an abatement. 

122.  To  restore  a  suit  or  appeal  or 
application 
review  or 
for 
revision  dismissed  for  default 
of  appearance  or  for  want  of 
prosecution  or  for  failure  to 
pay costs of service of process 
or to furnish security for costs. 

Thirty days. 

The date of dismissal. 

22 

 
 
  
 
 
 
  
 
 
 
  
 
 
 
 
 
 
Description of suit 

Period of limitation 

Time from which period begins to run 

123.  To  set  aside  a  decree  passed  ex 
parte  or  to  rehear  an  appeal 
decreed or heard ex parte. 
Explanation.—For the purpose of 
this article, substituted service 
under  rule  20  of  Order  V  of 
the  Code  of  Civil  Procedure, 
1908  (5  of  1908)  shall  not  be 
deemed to be due service. 

124.  For  a  review  of  judgment  by  a 
court  other  than  the  Supreme 
Court. 

Thirty days. 

The  date  of  the  decree  or  where  the 
summons  or  notice  was  not  duly 
served,  when 
the  applicant  had 
knowledge of the decree. 

Thirty days. 

The date of the decree or order. 

125.  To 

record  an  adjustment  or 

Thirty days. 

When the payment or adjustment is made. 

satisfaction of a decree. 

126.  For the payment of the amount of 

Thirty days. 

The date of the decree. 

a decree by instalments. 

127.  To set aside a sale in execution of 
a  decree,  including  any  such 
application  by  a  judgment-
debtor. 

128.  For 

possession 

by 
one 
dispossessed  of 
immovable 
the 
property  and  disputing 
right  of  the  decree-holder  or 
purchaser 
in 
execution of a decree. 

sale 

at 

a 

129.  For  possession  after  removing 
resistance  or  obstruction  to 
delivery  of  possession  of 
immovable  property  decreed 
or  sold  in  execution  of  a 
decree. 

130.  For leave to appeal as a pauper— 

1[Sixty days]. 

The date of the sale. 

Thirty days. 

The date of the dispossession. 

Thirty days. 

The date of resistance or obstruction. 

(a) to the High Court; 

(b) to any other court. 

Sixty days. 

The date of decree appealed from. 

Thirty days. 

The date of decree appealed from. 

Ninety days. 

The  date  of  the  decree  or  order  or 

sentence sought to be revised. 

Sixty days. 

The date of the decree, order or sentence. 

131.  To  any  court  for  the  exercise  of 
its  powers  of  revision  under 
the  Code  of  Civil  Procedure, 
1908 (5 of 1908), or the Code 
of  Criminal  Procedure,  1898 
(5 of 1898). 

132.  To 

the  High  Court 

for  a 
certificate  of  fitness  to  appeal 
to  the  Supreme  Court  under 
clause  (1)  of  article  132, 
article 133 or sub-clause (c) of 
clause (1) of article 134 of the 
Constitution  or  under  any 
other law for the time being in 
force. 

1. Subs. by Act 104 of 1976, s. 98, for “Thirty days” (w.e.f. 1-2-1977).   

23 

                                                           
 
 
 
 
 
Description of suit 

Period of limitation 

Time from which period begins to run 

133.  To the Supreme Court for special 

leave to appeal,— 

(a)  in  a  case  involving  death 

Sixty days. 

The  date  of  the  judgment  final  order  or 

sentence; 

(b)  in  a  case  where  leave  to 
appeal  was  refused  by  the 
High Court; 

sentence. 

Sixty days. 

The date of the order of refusal. 

(c) in any other case. 

Ninety days. 

The date of the judgment or order. 

134.  For  delivery  of  possession  by  a 
immovable 
of 
purchaser 
property at a sale in execution 
of a decree. 

One year. 

When the sale becomes absolute. 

135.  For  the  enforcement  of  a  decree 
mandatory 

a 

granting 
injunction. 

Three years. 

The date of the decree or where a date is 

fixed for performance, such date. 

136.  For  the  execution  of  any  decree 
(other than a decree granting a 
or 
mandatory 
order of any civil court. 

injunction) 

Twelve years. 

1[When]  the  decree  or  order  becomes 
enforceable or where the decree or any 
subsequent  order  directs  any  payment 
of  money  or  the  delivery  of  any 
property to be made at a certain date or 
at  recurring  periods,  when  default  in 
making  the  payment  or  delivery  in 
respect  of  which  execution  is  sought, 
takes place: 

Provided 

that  an  application  for 

the 
enforcement  or  execution  of  a  decree 
granting  a  perpetual  injunction  shall 
not  be  subject 
to  any  period  of 
limitation. 

PART II—OTHER APPLICATION 

137.  Any  other  application  for  which 
is 
this 

no  period  of 
provided  elsewhere 
Division. 

limitation 

in 

Three years. 

When the right to apply accrues. 

1. Subs. by Act 53 of 1964, s. 3 and the Second Schedule, for “Where” (w.e.f. 12-12-1964.) 

24 

 
 
                                                           
 
 
 
 
 
 
 
 
 
 
