LIMITATION ACT, 1963:

Right is not extinguished but right to agitate it is barred. However, adverse possession and Easement by prescription are exceptions to this rule.

The following are the kind of Files we see in Courts: Suit, application or Petition, Appeal, Revision, Execution Petition. If presentation of file is after expiry of time period, such file shall be dismissed even if such defense is not taken by the defendant. This is the duty of the court. In case of pauper the date on the application to permit him to treat as pauper is the date of institution of suit.  IN case of set-off the date on which it is claimed in the written statement. In counter-claim the date on which it is claimed.

Extension Time period for various kinds of files:

Sufficient Cause: As per S.5 the court can entertain filing of an appeal or an application if sufficient cause is shown for fling them after the expiry of prescribed period of limitation. This rule of sufficient cause is not applicable to suits and execution proceedings under O21 of C.P.C. However, O.21 Rule 105 CPC, 1908 permits to file execution application on this ground.

 Closure of Court:  If the court is closed on last day on which suit, appeal or application has to be filed, the same can be filed on the next working day. If the court is closed during any part of its normal working hours it remains closed on that day.

 Legal disability: Person in whose favour right to sue arises is suffering from any of the following disabilities, he can file the proceeding upon the cessation of disability. There are three kinds of legal disabilities:

  1) minority      2) insanity     3) idiocy.

  (a) If a person suffering from one disabilty is affected again by another disability, such person can file suit after     cessaton of both disabilities.

   (b) If the legal disability continues tilll death of his legal representative can file within same period after the death of the disabled person.

   (c) If legal representantives also affected by any above said liability.The application of limitation starts after recovery from such liabilty.

   (d) Where disability is ceased then the person died, within the allowed period to him, his legal representatives can file within remaining period. No fresh period available.

This section doesnot apply to following proceediungs:

1. Applicaion for final decree in mortgages.

2. For leave of appeal

3. Application to setaside expartee decree.

4. Application for pre-emption.

5. For the purpose of this section minor includes a child in the womb.

S.7 Disability of one of several persons : If one of the several persons jointly entitled to insitute a suit or make an application for the execution of decree is under disability, time will run against them if the discharge can be given without the concurrence of such person.

Time will not run against them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.

S.8: In no case, after ceasition of disability or death, time will not run for more than three years for any suit or application. S.6&7 also donot have application to enforce rights of pre-emption.

 S.9: Once time has begun to run, no subsequent disability or inability to institute a suit or make an application stop it.

 S.10: The above rules in this Act of limitation are not applicable in a suit against a person in whom the property has become vested in trust for specific purpose.

Section 12: The starting day is excluded from counting limitation. The time taken for obtaining certified copies shall be excluded.

Section 13: The time spent for obtaining leave, so as to file suit as an indigent is excluded.

Section 14: If suit is filed in a court which has no jurisdiction is excluded, provided it is done with good faith after exercising due diligence.

Section 15: If any suit or application for the execution of a decree has been stayed by an injunction order, such time period shall be excluded. If notice or sanction is required to file proceedings before court shall be excluded. Person in whose favor or against cause of action exists is died and there is no legal representative to such the time period during which legal representative comes into existence time shall be excluded. If any person purchased the property in the execution of court decree but one of the interested party sought for seaside of sale and same is pending but was dismissed ultimately, this period is excluded from in calculating the suit for possession filed by such auction purchaser. The time during which the defendant is absent from India or from.

Person died or non-existence of legal representative: If a person in whose favor or against whom cause of action exists is died and there is no legal representative to sue or to be sued, till the arrival of  legal representative of such deceased, time shall be excluded(S.16).

 S.17:  Effect of fraud or mistake : If due to fraud or mistake on part of the defendant or respondent plaintiff could get the knowledge of his right or title, the period during such fraud or  mistake occurred is excluded from period of limitation. The application must be filed within one year from the date of knowledge of fraud or mistake.

 

Days Excluded From time period due to Technical Reasons:

1. The day on which court is closed.
2. The day from which such period is to be Counted for any suit, appeal or appliaction.
3. Time between date on which Judgment pronounced and the time requisite for obtaining a copy of the decree (Appeal or an application for leave to appeal or for revision or for review of a judgement).
4. The time during wihich the application to sue or appeal as a pauper has been prosecuting for such leave shall be exculded.
5. The time which the plaintiff has been prosecuting with due diligence another civil proceeding against the defendant provided the procedding relates to the same matter in issue: (a)It must be prosecuted in good faith  (b)Defect of jurisdiction or cause of like nature, court unable to entertain it.  Order 23 R 2 of C.P.C shall not override S.S(1).

6. If any suit or application for the execution of a decree has been stayed by injunction or order.
7. If notice or sanction is required such time shall be excluded.
8. For any suit or application for execution of a decree by any receiver appointed in proceedings for the adjudication of a person as an insolvent, the period beginning with the date institution of such proceeding and ending with the expiry of three months from the day of appointment of such receiver or liquidator, as the case may be, shall be excluded. This provision applies for an application for execution of a decree by any receiver. Similarly, this provision is applicable to any liquidator appointed for winding up of a company.
9. IF any person purchased the property in the execution of court decree but one of the interested party sought for setaside of sale and same is pending but was dismissed ultimately, this period is excluded from in calculating the suit for possession filed by such auction purchaser.
10. The time during which the defendant is absent from India or from the territories outside India are excluded for period of limitation for any suit.

Acknowledgement by person under liability:  Acknowledgement by person under liability means an admission of the truth of one‘s own liability. If before the expiry of time for any application or suit in respect of any property, the acknowledgement of liability in respect of such property or right is made in writing signed by the party against whom such property or right is claimed a fresh period of limitation is computed from the time when the acknowledgement was so signed (S.18)

Part Payment by person under liability: If there is a part payment of debt or of interest on a legacy before the expiry of limitation period fresh period of limitation shall be computed from the time when the payment was made. Further, person making part payment should indorse the same and should sign(S.19).

 Time Period for Certain Important Suits:  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 o f the Act.

There are 137 clauses, spread over three divisions.

Ist division speaks about suits (1 to 113).  IInd division speaks about suits (114 to 117)

IIIrd division speaks about suits ( 118 to 137).

In the first division there are 10 parts.

1. Suits relating to Accounts – 1 to 5 (three years limitation)
2. Suits relating to contracts – 6 to55 (three years limitation)

III. Suits relating to declarations – 56 to 58 (three years limitation)

1. Suits relating to Decres and instruments– 59 to 60 (three years limitation)
2. Suits relating to immovable property:61 to 67 (12 yrs limitation except 61 (a)(c)) A.61 (a) By a Mortagor to redeem or recover the possession of immovable property mortgaged- Thirty years A.61 (c) To recover surplus collection received by the mortgage after he mortgage has been satisfied – Three years. A.63(a) By a mortgagor for foreclousre: thirty years. VI. Suits relating to moveable property– 68 to 71 (three years limitation ) Suits for which there is no prescribed period – 113 (three years limitation ) In the second divison there is ony one part. This dividion is named as Appeals(114 to 117).                                                                                                                                                                                                                                                                                                                        Time Period for Certain Important applications:                                                                                                   1. Leave to appear and defend in a summary suit: 10 days (118).                                                                                    2. To bring L.R‘s on abatement : 90 days(120).                                                                                                                       3. To setaside an abatement : 60 days(121).                                                                                                                        4. To setaside a sale in execution of decree, including any such application by a Judgeemnt Debtor : 60 days(127).                                                                                                                                                                                           5. For leave to appeal as a pauper to High court: 60 days(130).                                                                                      6. To any court for exercise of its powers of revision u/ cpc or cr.pc: 90 days(131).                                                      7. To the High court for a certificate of fitness to appeal to supreme court u/cl(1) of 132A or 133 or 134 (c) of the constution : 60 days(132).                                                                                                                                                     8.To the supreme court for SLP —- in case of death sentence if leave to appeal is refused : 60 days —In any other case : 90 days (133).                                                                                                                                                  9.For delivery of possession by a purchaser of immovable property at a sale in execution of decree ——- one year(134).                                                                                                                                                                                          10. Execution of decree of granting Mandatory injunction : three years(135).                                                                11. Execution of decree other than Mandatory injunction : 12 years(136).                                                                   12. Any other application for which no period is prescribed elsewhere in this division: three years(137).