LIMITATION ACT, 1963 — IMPORTANT CONCEPTS & SECTIONS
1.
Limitation of Suits, Appeals and Applications
Sections 3 –
11
- Section 3 – Bar of Limitation
Any suit, appeal or application filed after the prescribed limitation period shall be dismissed, even if limitation is not pleaded. - Section 4 – Expiry when courthouse closed
If limitation expires on a day when the court is closed, filing may be done on the next working day. - Section 5 – Extension of prescribed period for appeals/applications
Delay may be condoned if sufficient cause is shown (NOT applicable to suits). - Section 6–8 – Legal disability
Deals with minors, insane or disabled persons and extension of limitation. - Section 9 – Continuous running of time
Once time begins to run, it runs continuously unless stopped by a disability or statute. - Section 10 – Suits against trustees
No limitation for suits for trust property. - Section 11 – Suits on foreign contracts
If foreign law prescribes a shorter limitation, that applies.
2. Period of
Limitation
Sections 12
– 24; Schedule I
- The period of limitation for all suits, appeals, and applications
is prescribed in the Schedule (varies case by case).
- Section 12 –
Exclusion of time for obtaining copies of decrees/orders.
- Section 13 –
Exclusion when leave to sue or appeal as pauper is applied.
- Section 14 –
Exclusion of time spent in proceedings prosecuted in good faith before a
defective jurisdiction.
- Section 15 –
Exclusion of time when institution is stayed by injunction or order.
- Section 16 –
Effect of death on the right to sue.
- Section 17 –
Effect of fraud or mistake.
- Section 18 –
Acknowledgment in writing (fresh limitation).
- Section 19 –
Part-payment acknowledges debt.
- Section 20 –
Acknowledgment by agent.
- Section 21 –
Adding or substituting parties.
- Section 22 –
Continuing breaches and torts.
- Section 24 – Case
of set-off or counterclaim.
3.
Continuous Running of Time
Section 9
- Once limitation begins, it runs continuously.
- It is not suspended by events like change of ownership,
insolvency, etc.
- Time stops only if statute provides (e.g., legal disability).
4. Effect of
Sufficient Cause (Condonation of Delay)
Section 5
- Delay in appeals and applications may be condoned if the
applicant shows sufficient cause.
- Does NOT apply to suits.
- Court has discretionary power.
5. Legal
Disability
Sections 6,
7 & 8
- Section 6 – If the person entitled to sue/appeal/apply
is a minor, insane, or idiot, the limitation begins when disability
ceases.
- Section 7 – If several persons jointly entitled, time
begins when one is free from disability.
- Section 8 – Maximum extension = 3 years even
after disability ceases.
6.
Computation of Period of Limitation
Sections 12
– 24
Important provisions:
- Section 12 –
Excludes time required to obtain certified copies.
- Sections 14 & 15 –
Excludes time spent in wrong courts or when suit stayed.
- Sections 16–20 –
Effects of death, fraud, acknowledgement, etc.
- Section 22 –
Continuing breaches: fresh limitation every day.
7. Execution
of Decrees / Limitation in Execution
Articles
135–137 (Schedule I); Section 3
- Execution of a decree must be filed within the period in the Schedule
(usually 12 years for decree of immovable property; 3 years
for others).
- Governed by Section 3 which bars delayed applications.
8. Effect of
Death
Section 16
- If the person dies before the right to sue accrues, limitation
starts when there is a legal representative.
- If death occurs after right accrues, normal limitation applies.
9. Fraud or
Mistake
Section 17
- If a suit/appeal/application is based on:
- fraud,
- concealment, or
- mistake,
the limitation begins from the date when: - fraud is discovered, or
- mistake becomes known.
10.
Acknowledgment in Writing
Section 18
- A written and signed acknowledgment made before expiry of
limitation resets the limitation period.
- Must be clear and made to the creditor/claimant.
11.
Part-Payment / Acknowledgement via Payment
Section 19
- Part-payment of debt or interest, before limitation expires, starts
a new limitation period.
- Must be acknowledged in the handwriting or signed by debtor or
agent.
12.
Acquisition of Ownership by Possession
Section 27
- At the expiry of the limitation period for recovering possession of
property (usually 12 years), the right of the original owner gets
extinguished.
- This is the legal basis of adverse possession.
Summary Table (Topic → Section)
|
Topic |
Sections |
|
Limitation of suits, appeals, applications |
3–11 |
|
Period of Limitation |
Schedule I, Sections 12–24 |
|
Continuous running of time |
9 |
|
Sufficient cause for delay |
5 |
|
Legal disability |
6, 7, 8 |
|
Computation of limitation |
12–24 |
|
Execution of decrees |
Articles 135–137 (Schedule), Section 3 |
|
Effect of death |
16 |
|
Fraud / mistake |
17 |
|
Acknowledgement in writing |
18 |
|
Part-payment |
19 |
|
Acquisition by possession (adverse possession) |
27 |
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