**Detailed Summary of The Limitation Act, 1963: Provisions, Time Limits, and Key Examples**

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 Here’s a detailed breakdown of all key provisions of the Limitation Act, 1963, covering suits, appeals, applications, and special provisions. https://www.indiacode.nic.in/bitstream/123456789/1565/5/A1963-36.pdf

PART I – PRELIMINARY

1. Short title, extent, and commencement

  • The Act is called The Limitation Act, 1963 and applies to the whole of India.
  • Came into force on January 1, 1964.

2. Definitions

  • Plaintiff – A person who files a suit.
  • Defendant – A person against whom a suit is filed.
  • Suit – A civil case (excluding appeals or applications).
  • Period of Limitation – The maximum time within which a case must be filed.
  • Good Faith – Any act done with due care and attention.

PART II – LIMITATION OF SUITS, APPEALS & APPLICATIONS

3. Bar of Limitation

  • Any suit, appeal, or application filed after the prescribed period shall be dismissed even if limitation is not raised as a defense.

4. Expiry of Limitation When Court is Closed

  • If the last day to file a suit falls on a holiday, the suit can be filed on the next working day.

5. Extension of Limitation for Appeals & Applications

  • Courts may allow delayed appeals/applications if a person shows “sufficient cause” for delay.

6. Legal Disability

  • If a person is a minor, insane, or an idiot, the limitation period starts when the disability ends.

7. Disability of One of Several Persons

  • If multiple people are entitled to file a suit, but one of them is disabled, time runs against all unless their concurrence is necessary.

8. Special Exceptions

  • For pre-emption rights, the extension under disability (Sec. 6 & 7) is limited to three years.

9. Continuous Running of Time

  • Once time begins to run, it does not stop due to subsequent disability.

10. Suits Against Trustees & Their Representatives

  • No limitation for suits to recover property held in trust for a specific purpose.

11. Suits on Foreign Contracts

  • Suits filed in India on contracts entered in foreign countries are subject to Indian Limitation Act.

PART III – COMPUTATION OF LIMITATION

12. Exclusion of Time in Legal Proceedings

  • The day when time starts is excluded from calculation.
  • Time spent obtaining certified copies of orders/judgments is excluded.

13. Exclusion of Time for Pauper Suit Appeals

  • If a person’s application to sue as an indigent person (pauper) is rejected, the time spent on that is excluded.

14. Exclusion of Time for Suits Filed in Wrong Courts

  • If a suit was filed in a wrong jurisdiction but in good faith, the time spent on that case is excluded.

15. Exclusion of Time in Certain Other Cases

  • Time is excluded when:
    • There was an injunction/stay order.
    • Prior consent was required before filing a suit.
    • Defendant was outside India.

16. Effect of Death Before Right to Sue Accrues

  • If a person dies before his right to sue arises, the limitation starts from the date when a legal representative is available.

17. Effect of Fraud or Mistake

  • If fraud/mistake prevents filing, time begins when the fraud is discovered.

18. Effect of Acknowledgment in Writing

  • A written acknowledgment before expiration of limitation restarts a fresh limitation period.

19. Effect of Payment on Account of Debt

  • If part payment of debt or interest is made before expiry, a fresh limitation period starts.

20. Effect of Acknowledgment or Payment by Another Person

  • If a guardian or legal representative acknowledges debt, limitation restarts.

21. Effect of Adding New Parties

  • If a new defendant is added, limitation starts from the date he was added, unless due to a mistake in good faith.

22. Continuing Breach & Torts

  • For a continuing breach of contract or tort, limitation renews every moment the breach continues.

23. Suits for Compensation for Acts Not Actionable Without Special Damage

  • Limitation starts when the actual damage occurs.

24. Computation Based on Gregorian Calendar

  • All time periods under the Act follow the Gregorian calendar.

PART IV – ACQUISITION OF OWNERSHIP BY POSSESSION

25. Acquisition of Easements by Prescription

  • If a person peacefully enjoys easement rights for 20 years, they get absolute rights over it.

26. Exclusion for Reversioner of Servient Tenement

  • If a property is under a lease or life interest, the limitation for an easement claim begins only after the lease ends.

27. Extinguishment of Right to Property

  • If a person fails to file a suit within the limitation period, his right to property is permanently lost.

PART V – MISCELLANEOUS

28. Repeal of Certain Acts

  • Older laws were repealed by the 1963 Act.

29. Savings Clause

  • Special laws override the Limitation Act unless they explicitly exclude its application.

30. Transitional Provision for Shortened Periods

  • If the new Limitation Act shortens a previous time limit, parties get a grace period of seven years.

31. Barred & Pending Suits

  • If a case was already barred under the old law, the new law does not revive it.

LIMITATION PERIODS FOR VARIOUS SUITS & APPLICATIONS

1. Limitation Period for Suits

Nature of Suit Limitation Period Starts From
Money Recovery (contract) 3 years Due date of payment
Specific Performance 3 years Date of refusal
Compensation for Breach of Contract 3 years Date of breach
Possession of Immovable Property 12 years Date of dispossession
Mortgage Redemption 30 years When right to redeem arises
Mortgage Foreclosure 30 years Money becomes due
Landlord Recovery from Tenant 12 years Termination of tenancy
Arrears of Rent 3 years When rent is due
Defamation (Libel/Slander) 1 year Date of publication/speech
Malicious Prosecution 1 year Date of acquittal
Recovery of Insurance Money 3 years Date of claim rejection

2. Limitation Period for Appeals

Type of Appeal Limitation Period Starts From
Civil Appeals (High Court) 90 days Date of decree
Civil Appeals (Other Courts) 30 days Date of decree
Criminal Appeals (Death Sentence) 30 days Date of sentence
Criminal Appeals (Other Cases) 60 days Date of judgment

3. Limitation Period for Applications

Nature of Application Limitation Period Starts From
Review of Judgment 30 days Date of decree
Set Aside Ex-parte Decree 30 days Date of decree
Execution of Decree 12 years Date of decree

Conclusion

The Limitation Act, 1963, provides a strict timeframe for filing suits, appeals, and applications. Failing to act within the specified period results in loss of legal rights.


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