The Limitation Act, 1963

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THE LIMITATION ACT, 1963 

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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 [Repealed.] 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 [Repealed.]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 misled 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,— 



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(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). 



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(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. 

STATE AMENDMENT 

Jammu and Kashmir and Ladakh (UTs).— 

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). 

 

  



12 

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 have been reciprocal 

demands between the parties. 

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. 

2. Against a factor for an account. Three years. When the account is, during the 

continuance of the agency, demanded 

and refused or, where no such demand 

is made, when the agency terminates. 

3. By a principal against his agent for 

movable property received by the 

latter and not accounted for. 

Three years. When the account is, during 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 

agents for neglect or misconduct. 

Three years. When the neglect or misconduct becomes 

known to the plaintiff. 

5. For an account and a share of the 

profits of a dissolved partnership. 

Three years. The date of the dissolution. 

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 

person. 

Three years. When the wages accrue due. 

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 

for losing or injuring goods. 

Three years. When the loss or injury occurs. 

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, 

boats or household furniture. 

Three years. When the hire becomes payable. 

13. For the balance of money advanced 

in payment of goods to be 

delivered. 

Three years. When the goods ought to be delivered. 

14. For the price of goods sold and 

delivered where no fixed period 

of credit is agreed upon. 

Three years. The date of the delivery of the goods. 

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 period of credit expires. 

    



13 

 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. 

Three years. When the period of the proposed bill 

elapses. 

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. 

Three years. The date of the sale. 

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 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. 

Three years. When the cheque is paid. 

21. For money lent under an agreement 

that it shall be payable on 

demand. 

Three years. When the loan is made. 

22. For money deposited under an 

agreement that it shall be 

payable on demand, including 

money of a customer in the 

hands of his banker so payable. 

Three years. When the demand is made. 

23. For money payable to the plaintiff 

for money paid for the 

defendant. 

Three years. When the money is paid. 

24. For money payable by the 

defendant to the plaintiff for 

money received by the 

defendant, for the plaintiff's use. 

Three years. When the money is received. 

25. For money payable for interest 

upon money due from the 

defendant to the plaintiff. 

Three years. When the interest becomes due. 

26. For money payable to the plaintiff 

for money found to be due from 

the defendant to the plaintiff on 

accounts stated between them. 

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 

agreement in writing signed as 

aforesaid, made payable at a future 

time, and then when that time arrives. 

27. For compensation for breach of a 

promise to do anything at a 

specified time, or upon the 

happening of a specified 

contingency. 

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 

day is specified. 

Three years. The date of executing the bond. 

30. On a bond subject to a condition. Three years. When the condition is broken. 



14 

 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. 

Three years. When the bill or note falls due. 

32. On a bill of exchange payable at 

sight, or after sight, but not at a 

fixed time. 

Three years. When the bill is presented. 

33. On a bill of exchange accepted 

payable at a particular place. 

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

34. On a bill of exchange or promissory 

note payable at a fixed time after 

sight or after demand. 

Three years. When the fixed time expires. 

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. 

Three years. The date of the bill or note. 

36. On a promissory note or bond 

payable by instalments. 

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. 

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. 

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. 

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. 

Three years. The date of the delivery to the payee. 

39. On a dishonoured foreign bill 

where protest has been made 

and notice given. 

Three years. When the notice is given. 

40. By the payee against the drawer of 

a bill of exchange, which has 

been dishonoured bynon-

acceptance. 

Three years. The date of the refusal to accept. 

41. By the acceptor of an 

accommodation-bill against the 

drawer. 

Three years. When the acceptor pays the amount of the 

bill. 

42. By a surety against the principal 

debtor. 

Three years. When the surety pays the creditor. 

43. By a surety against a co-surety. Three years. When the surety pays anything in excess 

of his own share. 

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. 

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. 

 (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. 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. 



15 

 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. 

Three years. When the insurers elect to avoid the 

policy. 

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. 

Three years. The date of the payment or distribution. 

47. For money paid upon an existing 

consideration which afterwards 

fails. 

Three years. The date of the failure. 

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. 

Three years. The date of the payment in excess of the 

plaintiff’s own share. 

49. By a co-trustee to enforce against 

the estate of a deceased trustee a 

claim for contribution. 

Three years. When the right to contribution accrues. 

50. By the manager of a joint estate of 

an undivided family for 

contribution, in respect of a 

payment made by him on 

account of the estate. 

Three years. The date of the payment. 

51. For the profits of immovable 

property belonging to the 

plaintiff which have been 

wrongfully received by the 

defendant. 

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. The time fixed for completing the sale, 

or (where the title is accepted after 

the time fixed for completion) the 

date of the acceptance. 

54. For specific performance of a 

contract. 

Three years. 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. 



16 

 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 

instrument issued or registered. 

Three years. When the issue or registration becomes 

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 the instrument or decree 

cancelled or set aside or the contract 

rescinded first become known to him. 

60. To set aside a transfer of property 

made by the guardian of a 

ward— 

  

 
(a) by the ward who has attained 

majority; 

Three years. When the ward attains majority. 

 
(b)by the ward’s legal 

representative— 

  

 (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 

attaining majority. 

Three years. When the ward dies. 

PART V.—SUITS RELATING TO IMMOVABLE PROPERTY 

61. By a mortgagor—   

 (a)to redeem or recover 

possession of immovable 

property mortgaged; 

Thirty years. When the right to redeem or to recover 

possession accrues. 

 (b)to recover possession of 

immovable property mortgaged 

and afterwards transferred by 

the mortgagee for a valuable 

consideration; 

Twelve years. When the transfer becomes known to the 

plaintiff. 

 (c) to recover surplus collections 

received by the mortgagee after 

the mortgage has been 

satisfied. 

Three years. When the mortgagor re-enters on the 

mortgaged property. 

62. To enforce payment of money 

secured by a mortgage or 

otherwise charged upon 

immovable property. 

Twelve years. When the money sued for becomes due. 

63. By a mortgagee—   

 
(a) for foreclosure; Thirty years. When the money secured by the mortgage 

becomes due. 

 
(b) for possession of immovable 

property mortgaged. 

Twelve years. When the mortgagee becomes entitled to 

possession. 



17 

 Description of suit Period of limitation Time from which period begins to run 

64. For possession of immovable 

property based on previous 

possession and not on title, when 

the plaintiff while in possession 

of the property has been 

dispossessed. 

Twelve years. The date of dispossession. 

 

 

65. For possession of immovable 

property or any interest therein 

based on title. 

Explanation.—For the purposes of 

this article— 

(a)where the suit is by a 

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 

case may be, falls into 

possession; 

(b) where the suit is by a Hindu 

or Muslim entitled to the 

possession of immovable 

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 the suit is by a 

purchaser at a sale in execution 

of a decree when the judgment-

debtor was out of possession at 

the date of the sale, the 

purchaser shall be deemed to 

be a representative of the 

judgment-debtor who was out 

of possession. 

Twelve years. When the possession of the defendant 

becomes adverse to the plaintiff. 

66. For possession of immovable 

property when the plaintiff has 

become entitled to possession by 

reason of any forfeiture or breach 

of condition. 

Twelve years. When the forfeiture is incurred or the 

condition is broken. 

67. By a landlord to recover possession 

from a tenant. 

Twelve years. When the tenancy is determined. 

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. 



18 

 Description of suit Period of 

limitation 

Time from which period begins to run 

71. To recover movable property 

deposited or pawned, and 

afterwards bought from the 

depository or pawnee for a 

valuable consideration. 

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 to which this Act 

extends. 

One year. When the act or omission takes place. 

73. For compensation for false 

imprisonment. 

One year. When the imprisonment ends. 

74. For compensation for a malicious 

prosecution. 

One year. 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 are not actionable in 

themselves, when the special damage 

complained of results. 

77. For compensation for loss of service 

occasioned by the seduction of 

the plaintiff’s servant or 

daughter. 

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, 

irregular or excessive distress. 

One year. The date of the distress. 

80. For compensation for wrongful 

seizure of movable property 

under legal process. 

One year. The date of the seizure. 

81. By executors, administrators or 

representatives under the Legal 

Representatives’ Suits Act, 1855 

(12 of 1855). 

One year. The date of the death of the person 

wronged. 

82. By executors, administrators or 

representatives under the Indian 

Fatal Accidents Act, 1855 (13 of 

1855). 

Two years. The date of the death of the person killed. 

83. Under the Legal Representatives’ 

Suits Act, 1855 (12 of 1855), 

against an executor, an 

administrator or any other 

representative. 

Two years. When the wrong complained of is done. 

84. Against one who, having a right to 

use property for specific 

purposes, perverts it to other 

purposes. 

Two years. When the perversion first becomes known 

to the person injured thereby. 



19 

 Description of suit Period of limitation Time from which period begins to run 

85. For compensation for obstructing a 

way or a water-course. 

Three years. The date of the obstruction. 

86. For compensation for diverting a 

water-course. 

Three years. The date of the diversion. 

87. For compensation for trespass upon 

immovable property. 

Three years. The date of the trespass. 

88. For compensation for infringing 

copyright or any other exclusive 

privilege. 

Three years. The date of the infringement. 

89. To restrain waste. Three years. When the waste begins. 

90. For compensation for injury caused 

by an injunction wrongfully 

obtained. 

Three years. When the injunction ceases. 

91. For compensation,— 

(a)for wrongfully taking or detaining 

any specific       movable 

property lost, oracquired 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. 

 (b) for wrongfully taking or injuring 

or wrongfully detaining any other 

specific movable property. 

Three years. When the property is wrongfully taken or 

injured, or when the detainer’s 

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. 

Twelve years. When the transfer becomes known to the 

plaintiff. 

93. To recover possession of movable 

property conveyed or bequeathed 

in trust and afterwards transferred 

by the trustee for a valuable 

consideration. 

Three years. When the transfer becomes known to the 

plaintiff. 

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. 

Twelve years. When the transfer becomes known to the 

plaintiff. 

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. 

Three years. When the transfer becomes known to the 

plaintiff. 

96. By the manager of Hindu, Muslim or 

Buddhist religious or charitable 

endowment to recover possession 

of movable or immovable 

properly comprised in the 

endowment which has been 

transferred by a previous 

manager for a valuable 

consideration. 

Twelve years. The date of death, resignation or removal 

of the transferor or the date of 

appointment of the plaintiff as 

manager of the endowment, 

whichever is later. 



20 

                                                           
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).  

 Description of suit Period of limitation Time from which period begins to run 

PART IX.—SUITS RELATING TO MISCELLANEOUS MATTERS 

97. To enforce a right of pre-emption 

whether the right is founded on 

law or general usage or on 

special contract. 

One year. When the purchaser take under the sale 

sought to be 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. 

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 to the property 

comprised in the order. 

One year. The date of the final 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. 

One year. When the sale is confirmed or would 

otherwise have become final and 

conclusive had no such suit been 

brought. 

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. 

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. 

101. Upon a judgment, including a 

foreign judgment, or a 

recognisance. 

Three years. The date of the judgment or recognisance. 

102. For property which the plaintiff has 

conveyed while insane. 

Three years. When the plaintiff is restored to sanity 

and has knowledge of the conveyance. 

103. To make good out of the general 

estate of a deceased trustee the 

loss occasioned by a breach of 

trust. 

Three years. The date of the trustee's death or if the 

loss has not then resulted, the date of 

the loss. 

104. To establish a periodically 

recurring right. 

Three years. When the plaintiff is first refused the 

enjoyment of the right. 

105. By a Hindu for arrears of 

maintenance. 

Three years. When the arrears are payable. 

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. 

Twelve years. When the legacy or share becomes 

payable or deliverable. 



21 

 Description of suit Period of limitation Time from which period begins to run 

107. For possession of a hereditary 

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. 

Twelve years. When the defendant takes possession of 

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 entitled to 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. 

Twelve years. The date of the alienation. 

109. By a Hindu governed by 

Mitakshara law to set aside his 

father’s alienation of ancestral 

property. 

Twelve years. When the alienee takes possession of the 

property. 

110. By a person excluded from a joint 

family property to enforce a 

right to share therein. 

Twelve years. When the exclusion becomes known to 

the plaintiff. 

 

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. 

Thirty years. The date of the dispossession or 

discontinuance. 

112. Any suit (except a suit before the 

Supreme Court in the exercise of 

its original jurisdiction) by or on 

behalf of the Central 

Government or any State 

Government, including the 

Government of the State of 

Jammu and Kashmir. 

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 

114. Appeal from an order of 

acquittal,— 

    

 

(a)under sub-section (1) or sub-

section (2) of section 417 of 

the Code of Criminal 

Procedure, 1898 (5 of 1898); 

Ninety days. The date of the order appealed from. 

 
(b)under sub-section (3) of 

section 417 of that Code. 

Thirty days. The date of the grant of special leave. 



22 

 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 

by a High Court in the 

exercise of its original 

criminal jurisdiction; 

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 

decree or order. 

Ninety days. The date of the decree or order. 

 
(b) to any other court from any 

decree or order. 

Thirty days. The date of the 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 

suit under summary 

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 

award; 

Thirty days. The date of service of the notice of the 

making of the award; 

 

(b) for setting aside an award 

or getting an award remitted 

for reconsideration. 

Thirty days. The date of service of the notice of the 

filing of the award. 

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. 

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 

to set aside an abatement. 

Sixty days. The date of abatement. 

122. To restore a suit or appeal or 

application for review or 

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. 



23 

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

 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. 

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. 

124. For a review of judgment by a 

court other than the Supreme 

Court. 

Thirty days. The date of the decree or order. 

125. To record an adjustment or 

satisfaction of a decree. 

Thirty days. When the payment or adjustment is made. 

126. For the payment of the amount of 

a decree by instalments. 

Thirty days. The date of the decree. 

127. To set aside a sale in execution of 

a decree, including any such 

application by a judgment-

debtor. 

1[Sixty days]. The date of the sale. 

128. For possession by one 

dispossessed of immovable 

property and disputing the 

right of the decree-holder or 

purchaser at a sale in 

execution of a decree. 

Thirty days. The date of the dispossession. 

129. For possession after removing 

resistance or obstruction to 

delivery of possession of 

immovable property decreed 

or sold in execution of a 

decree. 

Thirty days. The date of resistance or obstruction. 

130. For leave to appeal as a pauper—   

 (a) to the High Court; Sixty days. The date of decree appealed from. 

 (b) to any other court. Thirty days. The date of decree appealed from. 

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). 

Ninety days. The date of the decree or order or 

sentence sought to be revised. 

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. 

Sixty days. The date of the decree, order or sentence. 



24 

 

 

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

 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 

sentence; 

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; 

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 

purchaser of immovable 

property at a sale in execution 

of a decree. 

One year. When the sale becomes absolute. 

135. For the enforcement of a decree 

granting a mandatory 

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 

mandatory injunction) or 

order of any civil court. 

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 

no period of limitation is 

provided elsewhere in this 

Division. 

Three years. When the right to apply accrues.