Limitation Act, 1963

➔ Interest Republicae ut sit finis litium- in the interest of society as a

whole, there should be an end to litigation.
➔ Vigilantibus non dormentibus jura subveniunt- law serve the
vigilant, not those who sleep.
➔ Law of Limitation is Statute of Repose, Peace and Justice

Contents

Sections Particulars

Preamble

Part I Preliminary

1 Short title, extent and commencement

2 Definitions
A.APPLICANT B.APPLICATION C.BILL OF
EXCHANGE

D.BOND E.DEFENDANT F.EASEMENT

G.FOREIGN H.GOOD FAITH I.PAINTIFF

COUNTRY

J.PERIOD OF K.PROMISSORY L.SUIT

LIMITATION NOTES

M.TORT N.TRUSTEE

Part II Limitation of Suits, Appeals and Applications

3 Bar of Limitation
A. SUIT INSTITUTED
ORDINARY CASE
PAUPER
CLAIM AGAINST COMPANY
B. SET-OFF (SAME DATE AS SUIT) /COUNTERCLAIM (MADE IN
COURT)
C. NOTICE OF MOTION HC ->PRESENTED TO PROPER OFFICER
4 Expiry of prescribed period when court is closed

5 Extension of prescribed period in certain cases

❖ Beyond control of party(cause)
❖ Exercised sufficient care & diligence in filing appeal
❖ Intention BONAFIDE
❖ No Hard & Fast Rule
RAMLAL VS REWA COALFIELDS LTD.

6 Legal disability
LALJI VS SATYA NARAYAN
1. MINOR/INSANE/IDIOT
2. 2 DISABILITIES/AFFECTED BY ANOTHER DISABILITY BEFORE
HIS DISABILITY HAS CEASED
3. CONTINUOUS TILL DEATH
4. LR BHI DISABILITY TO( 1)( 2) APPLY

7 Disability of one of several persons

INSTITUTE SUIT OR EXECUTION OF DECREE
DISCHARGE CAN BE GIVEN WITHOUT CONCURRENCE OF ALL

8 Special exceptions

3 YRS 6/7 NOT PRE-EMPTION

9 Continuous running of time

“Time Runs When The Cause Of Action Accrues”
Exception: letters of administration to estate of creditor granted to
debtor

10 Suits against trustees and their representatives

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

Act extends

1. J&K OR FOREIGN COUNTRY

 2. EXCEPTION: A.RULE EXTINGUISHED CONTRACT B.PARTIES

DOMICILED

Part III Computation of Period of Limitation

12 Exclusion of time in legal proceedings

SUIT APPEAL APPLICATION DAY PERIOD BE RECKONED

APPEAL APPLICATION FOR JUDGMENT COMPLAINED

LEAVE TO APPEAL / REVISION/ PRONOUNCED +TIME FOR
REVIEW OF JUDGMENT OBTAINING COPY OF DECREE
/ORDER/SENTENCE

DECREE OR ORDER->REVISED COPY OF JUDGEMENT

OR REVIEWED OR APPLICATION
FOR LEAVE TO APPEAL

APPLICATION TO SET ASIDE TIME FOR OBTAINING COPY OF

AWARD AWARD

*TIME TAKEN BY COURT TO PREPARE DECREE/ORDER NOT

EXCLUDED BEFORE APPLICATION OF COPY IS MADE

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

(GOOD applied for
FAITH) ON PAYMENT OF COURT FEES EFFECT AS PAID AT FIRST INSTANCE

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 to acknowledgment in writing

TILAK RAM VS NATHU

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

20 Effect of acknowledgment or payment by another person

SANT LAL VS KAMLA PRASAD

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- GREGORIAN

CALENDAR

Part IV Acquisition of ownership by possession

25 Acquisition of easements by prescription

26 Exclusion in favor of reversioner of servant tenement

27 Extinguishment of right to property

RAVINDER KAUR GREWAL VS MANJIT KAUR

Part V Miscellaneous

28 Amendment of certain Acts

29 Savings

30 Provision for suits, etc., for which the prescribed period is shorter
than the period prescribed by the Indian Limitation Act, 1980

31 Provisions as to barred or pending suits, etc

32 Repeal
❖ The Limitation Act does not in terms apply to a proceeding under
Article 32 or Article 226 of the Constitution

DELAY CONDONED/EXCUSED 6 , 7 , 18 , 22

ABSOLUTE EXEMPTION 10

PERIOD EXCLUDED 12-15

STARTING POINT LIMITATION 16 , 17, 23

POSTPONED

RUNNING OF LIMITATION PROVISO 9

SUSPENDED