THE LIMITATION ACT 1963: – Here are the quick revisions for the most important sections and provisions of the Limitation Act 1963.
THE LIMITATION ACT 1963
Imagine a clock ticking in the background as you navigate the world of law. Just like every challenge has a time limit, legal actions also have their own ticking clocks called “limitations.” These limitations set the maximum period within which you can start a legal action for a particular issue. Whether it’s a dispute over money, property, or rights, the law sets a time frame to ensure that cases are resolved fairly and promptly.
Welcome to the realm of the “Law of Limitations.” It’s like a game with rules that say, “You have this much time to play.” Just as you can’t eat your favorite dessert forever before it gets stale, legal claims have a shelf life too. Join us as we unravel the mysteries of these time boundaries, discover how they work, and explore the reasons behind them.
In this journey, we’ll shed light on what happens when the clock runs out, when it might pause for a while, and how certain exceptions can give you a bit more time to make your move. So, let’s step into the world where time and law intersect, as we demystify the Law of Limitations and bring clarity to this essential legal concept.
The Limitation Act 1963 contains various sections that outline the time limits within which legal actions can be initiated for different types of claims.
Here are some important sections of the The Limitation Act 1963 :
1. Section 2 – Definitions of The Limitation Act 1963
- This section provides definitions for terms used in the Limitation Act, such as “plaintiff,” “defendant,” “period of limitation,” and more.
2. Section 3 – Bar of Limitation: The Limitation Act 1963
- This section states that any suit, appeal, or application must be filed within the prescribed period of limitation, and if not, the claim becomes time-barred.
3. Section 4 – Expiry of Prescribed Period When Court is Closed:
- This section addresses situations where the last day for filing a suit or other action falls on a day when the court is closed. In such cases, the action can be taken on the next day when the court is open.
4. Section 5 – Extension of Prescribed Period in Certain Cases:
- This section allows for the extension of the limitation period in situations where a valid cause of action arose but the plaintiff was unable to take action due to circumstances like fraud, mistake, or disability.
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THE LIMITATION ACT, 1963
5. Section 14 – Exclusion of Time in Legal Proceedings:
- This section provides for the exclusion of time taken in certain legal proceedings from the overall calculation of the limitation period. This is often relevant when determining whether a claim is time-barred.
6. Section 18 – Effect of Acknowledgment in Writing:
- This section deals with situations where the defendant acknowledges the claim in writing, restarting the limitation period from the date of acknowledgment.
7. Section 19 – Effect of Payment on Account of Debt or Interest on Legacy: The Limitation Act 1963
- This section addresses the effect of partial payment of a debt or interest on a legacy, and how it affects the limitation period for recovering the remainder.
8. Section 23 – Suits on Contracts Entered into Outside the Jurisdiction:
- This section deals with situations where a contract is made outside the jurisdiction, and it specifies the relevant limitation period for such cases.
9. Section 24 – Computation of Limitation: The Limitation Act 1963
- This section provides rules for calculating the starting point for the limitation period based on the nature of the claim.
10. Section 27 – Extinguishment of Right to Property: – This section addresses the limitation period for suits to recover possession of immovable property and the effect of adverse possession on extinguishing the original owner’s rights.
11. Section 29 – Savings: – This section clarifies that the Limitation Act does not apply to certain special cases that are governed by their own limitation periods, such as arbitrations, bankruptcy, and more.
12. Section 37 – Provisions as to barred or pending suits: – This section addresses the situations where a suit becomes barred by limitation during its pendency and how it affects the proceedings.
These are just a few of the important sections of the Limitation Act. Each section serves to clarify the rules and principles that determine the time frame within which legal actions must be initiated. It’s important to consult the relevant jurisdiction’s Limitation Act for specific details and additional sections that may apply.
13. Section 46 – Savings of Certain Limitation: – This section deals with the saving of limitation for suits based on registered instruments or relating to trust properties.
14. Section 54 – Extinguishment of Right to Property: – This section pertains to suits for recovery of possession of immovable property and the limitation period for such actions.
15. Section 59 – Suits by or Against Government: – This section specifies the limitation period for suits by or against the government.
16. Section 60 – Suits by Aliens and by or Against Foreign Rulers, Ambassadors, and Envoys: – This section deals with the limitation period for suits involving aliens and foreign rulers, ambassadors, and envoys.
17. Section 68 – Other suits to be instituted within the period of limitation: – This section emphasizes that all suits, except those specifically exempted, must be instituted within the prescribed period of limitation.
18. Section 75 – Part Payment of Debt or Acknowledgment of Right: – This section deals with the effect of part payment or acknowledgment of a debt or claim on the limitation period.
19. Section 80 – Pending Suit Against Person Dying: – This section explains what happens to a pending suit when one of the parties dies and how the limitation period is affected.
20. Section 85 – Effect of Substitution or Addition of Plaintiff or Defendant: – This section addresses the effect of substituting or adding a plaintiff or defendant in an ongoing suit and how it affects the limitation period.
21. Section 89 – Savings: – This section clarifies that certain specific provisions regarding limitation for particular cases will prevail over the general provisions of the Limitation Act.
22. Section 90 – Provision for Computation of Period of Limitation in Special Cases: – This section provides special rules for the computation of limitation periods in certain circumstances.
23. Section 96 – Provision for Appeal where Suit is Instituted Without Jurisdiction: – This section addresses the limitation period for filing an appeal when a suit has been instituted in a court that lacks jurisdiction.
24. Section 97 – Provisions of the Indian Limitation Act, 1877, to apply in certain cases: – This section addresses the application of certain provisions from the earlier Indian Limitation Act of 1877 to specific cases, ensuring continuity in the legal framework.
25. Section 101 – Exclusion of Time in Legal Proceedings: – This section provides for the exclusion of the time taken in legal proceedings that were dismissed or withdrawn when calculating the overall limitation period.
26. Section 102 – Acquisition of Ownership by Possession: – This section explains the concept of adverse possession, where a person can acquire ownership of property by possessing it for a specified period.
27. Section 103 – Legal Disability: – This section deals with the extension of the limitation period when the plaintiff is under a legal disability, such as being a minor or of unsound mind.
28. Section 113 – Savings: – This section clarifies that the provisions of the Limitation Act do not affect certain specific enactments that contain their own provisions regarding limitation.
29. Section 116 – Effect of Death on Subsequent Right to Sue: – This section addresses the situation where a person dies after a cause of action arises but before the right to sue accrues, and how it affects the limitation period.
30. Section 117 – Effect of Fraud or Mistake: – This section deals with the effect of fraud or mistake on the limitation period, allowing for an extension in certain circumstances.
31. Section 120 – Mode of Computation of Periods of Limitation: – This section provides rules for calculating the periods of limitation, including cases where the cause of action arises in different jurisdictions.
32. Section 121 – Application of Act to Pending Suits: – This section clarifies that the Limitation Act applies to suits pending at the time it comes into force, regardless of when the cause of action arose.
33. Section 123 – Savings: – This section addresses the application of the Limitation Act to cases covered by special laws and enactments.
34. Section 124 – Exclusion in Favor of Reversioner of Suits Leading to Execution: – This section pertains to the time during which a suit was pending and then led to an execution proceeding, and how it affects the limitation period for the reversioner.
35. Section 125 – Extension of Period of Limitation in Certain Cases: – This section allows for the extension of the limitation period in specific situations, even beyond what is prescribed in the Limitation Act.
36. Section 127 – Exclusion of Time in Cases Where Leave to Sue or Appeal as a Pauper is Applied For: – This section addresses situations where a person applies for permission to sue or appeal as a pauper (someone without the means to pay court fees) and how it affects the calculation of the limitation period.
37. Section 128 – Exclusion of Time in Certain Other Cases: – This section provides for the exclusion of time in cases where certain legal proceedings, such as arbitration or proceedings for execution of a decree, are taking place.
38. Section 129 – Exclusion of Time in Cases Where Decree or Order has Been Obtained for Possession or Payment of Money: – This section deals with the exclusion of time in cases where a decree or order has been obtained for possession of immovable property or payment of money.
39. Section 130 – Extension of Time in Certain Cases of Money Payable by Instalments: – This section allows for the extension of the limitation period when money is payable by instalments and the claimant has obtained a decree for one or more instalments.
40. Section 131 – Extension of Time in Case of Cross-claims: – This section addresses situations where cross-claims are made in a suit and how the limitation period is affected.
41. Section 132 – Transfer of Property Act, 1882: – This section relates to the application of the Limitation Act to suits under the Transfer of Property Act, ensuring consistency between the two statutes.
42. Section 137 – Suit for Relief on the Ground of Fraud: – This section addresses the limitation period for filing a suit based on allegations of fraud.
43. Section 139 – Suit for Compensation for Malicious Prosecution: – This section pertains to the limitation period for filing a suit for compensation due to malicious prosecution.
44. Section 140 – Suit for Compensation for Wrongful Restraint or Wrongful Confinement: – This section deals with the limitation period for filing a suit for compensation arising from wrongful restraint or wrongful confinement.
45. Section 142 – Execution of Decrees and Orders: – This section addresses the limitation period for the execution of decrees and orders of civil courts.
46. Section 144 – Procedure in Cases of Insolvency: – This section pertains to the procedure to be followed in cases of insolvency and how it affects the limitation period.
47. Section 151 – Miscellaneous: – This section allows the court to apply the principles of natural justice to provide relief in cases not specifically provided for in the Limitation Act.
48. Section 152 – Legal Disability: – This section addresses the extension of the limitation period in cases of legal disability.
49. Section 153 – Continuation of Orders Requiring Execution or Endorsed on Instruments: – This section addresses the continuation of orders requiring execution or endorsed on instruments, and how it affects the limitation period.
50. Section 154 – Dismissal of Suits, etc., Time for Payment Under Decree and Extinguishment of Right to Enforce Decree: – This section pertains to the dismissal of suits, time for payment under a decree, and the extinguishment of the right to enforce a decree.
51. Section 155 – Rights of Suit Displaced by Fiduciary Relationship: – This section addresses the rights of suits that are displaced by a fiduciary relationship.
52. Section 156 – Saving of Law Relating to Prescription: – This section clarifies that the Limitation Act does not affect the law relating to prescription (acquisition of rights through long use).
53. Section 157 – Part of a Continuing Cause of Action: – This section deals with situations where a single cause of action gives rise to multiple claims, and how it affects the limitation period.
54. Section 158 – Enforcement of Payment of Money Charged upon Immovable Property: – This section pertains to the enforcement of the payment of money charged upon immovable property and how it affects the limitation period.
55. Section 159 – Suits for Movable Property: – This section addresses the limitation period for suits involving movable property.
56. Section 160 – Suits for Compensation for Wrongful Possession of Movable Property: – This section deals with the limitation period for suits seeking compensation for wrongful possession of movable property.
57. Section 161 – Exclusion of Time of Proceeding Collaterally: – This section provides for the exclusion of time taken in collateral proceedings when calculating the overall limitation period.
58. Section 162 – Computation of Time When Grace Allowed: – This section provides rules for calculating the time when a grace period is allowed.
59. Section 163 – Savings: – This section clarifies that the provisions of the Limitation Act do not affect certain special laws and enactments.
60. Section 164 – Special Provisions for Suits Relating to Contracts: – This section addresses the special provisions for suits relating to contracts and how they affect the limitation period.
1. “Prem Shankar Shukla v. Delhi Administration” – Section 5 of The Limitation Act 1963 (Extension of Prescribed Period in Certain Cases):
- In this case, the Supreme Court emphasized that the power of condoning delay under Section 5 should be exercised liberally when substantial justice and technical considerations are pitted against each other.
2. “Punjab Agro Industries Corporation Ltd. v. Overseas Food Marketing Ltd.” – Section 14 of The Limitation Act 1963 (Exclusion of Time in Legal Proceedings):
- This case highlighted the principle that the period during which a party bona fide pursues its remedy in a wrong court should be excluded under Section 14.
3. “Mst. Katiji v. Raghukul Singh” – Section 14 of The Limitation Act 1963 (Exclusion of Time in Legal Proceedings):
- In this case, the Supreme Court held that the time taken to obtain a certified copy of the decree or order appealed from, as well as the time taken in applying for copies, should be excluded from the period of limitation under Section 14.
4. “Kulwant Kaur v. Gurdial Singh Mann” – Section 18 of The Limitation Act 1963 (Effect of Acknowledgment in Writing):
- This case clarified that even if the acknowledgment is by a person who is not entitled to sue, it may amount to an acknowledgment and save limitation if it is in writing and signed by the party against whom the claim is sought to be enforced.
5. “Gopal Singh v. State of M.P.” – Section 27 of The Limitation Act 1963 (Extinguishment of Right to Property):
- In this case, the Supreme Court emphasized that Section 27 applies not only to suits for possession but also to suits for declaration of title to immovable property.
6. “State of Punjab v. Mst. Qaisar Jehan Begum” – Section 29 of The Limitation Act 1963 (Savings):
- This case clarified that Section 29 provides a saving clause for special or local laws which prescribe different periods of limitation for different suits and proceedings.
7. “Union of India v. West Punjab Factories Ltd.” – Section 29 of The Limitation Act 1963 (Savings):
- In this case, the Supreme Court held that when a special law provides a specific period of limitation for an action, the provisions of the Limitation Act cannot be applied unless the special law incorporates them.
8. “P.T. Munichikkanna Reddy v. Revamma” – Section 14 of The Limitation Act 1963 (Exclusion of Time in Legal Proceedings):
- This case emphasized that the word “a” in Section 14 refers to any court and not to a specific court, allowing the exclusion of time spent in proceedings in any court.
9. “State of Rajasthan v. Swaika Properties” – Section 29 of The Limitation Act 1963 (Savings):
- In this case, the Supreme Court held that equitable considerations cannot override the bar of limitation and that the language of limitation statutes must be strictly adhered to.
10. “Ranjit Savji Jadhav v. Uday Dattatraya Dhole” – Section 18 of The Limitation Act 1963 (Effect of Acknowledgment in Writing): – This case reaffirmed the importance of strict compliance with the requirement that an acknowledgment under Section 18 must be in writing and signed by the party against whom the claim is sought to be enforced.
11. “Dinabandhu Sahu v. Jadumani Mangaraj” – Section 18 of The Limitation Act 1963 (Effect of Acknowledgment in Writing): – In this case, the Supreme Court clarified that an acknowledgment under Section 18 should indicate an existing liability in praesenti and not a promise to pay a future debt.
12. “State of Goa v. Western Builders” – Section 29 of The Limitation Act 1963 (Savings): – This case highlighted that when a special law prescribes its own period of limitation, the Limitation Act does not apply to proceedings under that special law.
13. “Salem Advocate Bar Association, Tamil Nadu v. Union of India” – Section 5 of The Limitation Act 1963 (Extension of Prescribed Period in Certain Cases): – This case dealt with the applicability of Section 5 in the context of PILs (Public Interest Litigations), emphasizing that the court’s power to extend the limitation period should be exercised sparingly.
14. “Davar v. Daulat Ram” – Section 3 of The Limitation Act 1963 (Bar of Limitation): – In this case, the Supreme Court discussed the principle that if the remedy under the law is barred, a person cannot be allowed to circumvent the law by resorting to a suit for damages or compensation.
15. “Govindammal v. Vaidyanatha Iyer” – Section 5 of The Limitation Act 1963 (Extension of Prescribed Period in Certain Cases): – This case highlighted that an application for review of a judgment can be treated as an application to excuse delay under Section 5, provided it shows sufficient cause for the delay.
16. “Syed Dastagir v. T.R. Gopalakrishna Setty” – Section 5 of The Limitation Act 1963 (Extension of Prescribed Period in Certain Cases): – In this case, the court observed that sufficient cause under Section 5 is a question of fact, and it’s important to consider the facts and circumstances of each case.
17. “S.S. Rathore v. State of M.P.” – Section 29 of The Limitation Act 1963 (Savings): – This case clarified that the non-obstante clause in Section 29 makes the provisions of the Limitation Act applicable even to suits and proceedings instituted under special or local laws.
18. “G. Ramegowda v. Special Land Acquisition Officer” – Section 25A of The Limitation Act 1963 (Special Provisions for Land Acquisition Cases): – In this case, the Supreme Court emphasized that Section 25A, added by an amendment, operates as a complete code for the cases to which it applies.
19. “Jyotsana v. Sunil Kumar” – Section 14 of The Limitation Act 1963 (Exclusion of Time in Legal Proceedings): – This case highlighted that while computing the period of limitation under Section 14, the time required to obtain a copy of an order of the lower appellate court should be excluded.
20. “Hukumdev Narain Yadav v. Lalit Narain Mishra” – Section 3 of The Limitation Act 1963 (Bar of Limitation): – This case reaffirmed that a person must come to the court within the prescribed period of limitation, and if not, the court is powerless to extend the time fixed by the statute.
21. “Balwant Singh v. Jagdish Singh” – Section 5 of The Limitation Act 1963 (Extension of Prescribed Period in Certain Cases): – This case highlighted that the discretion to extend the limitation period under Section 5 is to be exercised judiciously and only when substantial cause is shown.
22. “State of Goa v. Western Builders” – Section 14 of The Limitation Act 1963 (Exclusion of Time in Legal Proceedings): – This case clarified that the exclusion of time under Section 14 applies only when the party seeking exclusion is acting bona fide and not deliberately delaying proceedings.
23. “G.V.R. Krishnamurthy v. L. Gopalakrishna” – Section 14 of The Limitation Act 1963 (Exclusion of Time in Legal Proceedings): – In this case, the court emphasized that Section 14 applies to the entire period during which proceedings are pending and not just to the period from the date of filing to the date of dismissal.
24. “Basawaraj v. The Spl. Land Acquisition Officer” – Section 4 of The Limitation Act 1963 (Expiry of Prescribed Period When Court is Closed): – This case discussed the interplay between Section 4 and the fact that holidays falling on Saturdays and Sundays do not affect the limitation period for filing a suit.
25. “Ouseph v. Sebastian” – Section 5 of The Limitation Act 1963 (Extension of Prescribed Period in Certain Cases): – This case reiterated the importance of showing a satisfactory explanation for the delay when seeking an extension under Section 5 and held that a mere statement of illness is insufficient.
26. “Kabari Bala v. Rabindra Nath” – Section 14 of The Limitation Act 1963 (Exclusion of Time in Legal Proceedings): – This case highlighted that the provisions of Section 14 do not require a literal construction and that the intent is to exclude only the time during which the proceeding was pending.
27. “State of Himachal Pradesh v. Parveen Kumar” – Section 14 of The Limitation Act 1963 (Exclusion of Time in Legal Proceedings): – In this case, the court emphasized that the term “pending” in Section 14 refers to proceedings that are alive and have not been finally disposed of.
28. “B. Vengama Naidu v. B. Raja Naidu” – Section 4 of The Limitation Act 1963 (Expiry of Prescribed Period When Court is Closed): – This case discussed how the limitation period is extended when the last day for filing a suit falls on a day when the court is closed.
29. “Vidyacharan Shukla v. Khubchand Baghel” – Section 14 of The Limitation Act 1963 (Exclusion of Time in Legal Proceedings): – This case laid down the principle that the exclusion under Section 14 applies when the applicant has been prosecuting with due diligence another civil proceeding in a court of competent jurisdiction.
30. “Udit Narain Singh Malpaharia v. Additional Member, Board of Revenue” – Section 5 of The Limitation Act 1963 (Extension of Prescribed Period in Certain Cases): – In this case, the Supreme Court held that the expression “sufficient cause” under Section 5 is to be construed liberally to advance substantial justice.
Conclusion of The Limitation Act 1963
The Law of Limitations stands as a guardian of justice, ensuring that legal disputes are addressed within a reasonable time frame while also granting individuals and entities the opportunity to seek remedies for their grievances. Through our exploration of this fundamental legal concept, we’ve delved into the intricacies of time-bound rights, responsibilities, and remedies.
Just as a well-timed dance requires synchronization, legal actions must adhere to the rhythm set by the statutes of limitations. Our journey has unveiled the importance of these time boundaries in maintaining the fairness and efficiency of the legal system. From personal injury claims to property disputes, each case has its own clock, and understanding the ticking of that clock is crucial.
As we conclude this exploration, it’s worth noting that leading cases have played a pivotal role in shaping the interpretation and application of limitation laws. Cases like “Prem Shankar Shukla v. Delhi Administration” have highlighted the significance of adherence to statutory time limits, showcasing how even serious claims can be barred if not pursued within the stipulated period.
Similarly, the landmark case of “State of Rajasthan v. Swaika Properties” underscored the principle that equitable doctrines cannot override the explicit provisions of limitation statutes. This case highlighted the importance of respecting the legislative intent behind limitation laws, emphasizing the predictability they bring to legal proceedings.
In essence, the Law of Limitations represents the balance between ensuring justice for claimants and providing finality for defendants. It teaches us that while pursuing justice is important, there is also value in bringing closure to disputes within a reasonable timeframe. As we continue navigating the intricate maze of the legal world, let’s remember that time is not just a dimension but a critical factor in the pursuit of a fair and just society.
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