Preamble (Act No.36 of 1963) [15th October, 1963] An Act to consolidate and amend the law for the limitation of suits and other proceedings and for purposes co...
Short title, extent and commencement
(1) This Act may be called the Limitation Act, 1963. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force...
In this Act, unless the context otherwise requires. a. "applicant" includes i. a petitioner; ii. any person from or through whom an appli...
|Part II||Limitation of Suits, Appeals and Applications|
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 pe...
Expiry of prescribed period when court is closed
When 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, ...
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 admi...
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 re...
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 di...
– Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emotion, or shall be deemed to extend, for more than three years from the ce...
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: that where letters of administrati...
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 if trust for any spec...
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 the State of Jammu and Kashmir or in a foreign country shall be r...
|Part III||Computation of Period of Limitation|
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 com...
Exclusion of time in cases where leave to sue of 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 ma...
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, w...
Exclusion of time in certain other cases
– (1) In computing the period of limitation for any suit or application for the execution of a decree, the institution or execution of which has been stayed ...
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 i...
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 fr...
Effect to acknowledgment in writing
(1) Where before the expiration of the prescribed period for a suit or application in respect or any property or right, an acknowledgment of liability in res...
Effect of payment on account of debt or of interest or 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 ...
Effect of acknowledgment or payment by another person
(1) The expression "agent duly Authorized in this behalf" in sections 18 and 19 shall in the case of a person under disability, include his lawful guardian,...
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 insti...
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 beings to run at every moment of the time ...
Suits for compensation for acts not actionable without special damage
– In the case of suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results there from, the ...
Computation of time mentioned in instruments
– All instruments shall for purposes of this Act, be deemed to be made with reference to the Gregorian calendar. ...
|Part IV||Acquisition of ownership by possession|
Acquisition of easements by prescription
(1) Where the access and use of light or air to and for any building have been peaceable enjoyed there with as an easement, and as of right, without interrupt...
Exclusion in favor of reversioner of servant 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 ...
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 e...
Amendment of certain Acts
Rep. By the Repealing and Amending Act, 1974 (56 of 1974), Section 2 and Schedule I. ...
(1) Nothing in this Act, shall affect section 25 of the Indian Contract Act,1872. (2) Where any special or local law prescribes for any suit, appeal or appli...
Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1980
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 Ind...
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 ...
– Rep. By the Repealing and Amending Act,1974 (56 of 1974), section 2 and Schedule I. ...
|Schedule||Period of Limitations|
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 y...
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 ...
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 ...
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 instru...
Suits relating to Immovable 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 ...
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 t...
Suits relating to torts
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 ...
Suits relating to trust 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. Tw...
Suits relating to miscellaneous maters
97. To enforce a right of preemption whether the right is founded on law or general usage or on special contract. One year When the purchaser takes under the...
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. ...
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; Ninety d...
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 (a) For...
137.Any other application for which no period of limitation is provided elsewhere in this Division.Three yearsWhen the right to apply accrues....