Friday, November 21, 2025

LIMITATION ACT, 1963 — IMPORTANT CONCEPTS & SECTIONS

 

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

 

ANG GYAN

Author & Editor

Ashok Jha,FACULTY.

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