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Report No. 3

26. [Section 30 of the present Act would have worked itself out. A new saving provision for the transition may be incorporated as suggested in paragraph 62 of this Report.]

Description of suit, appeal or application

Period of limitation

Time from which period begins to run

Articles in the Present Act covered

1

2

3

4

First Division: Suits

Part I
Contract and Tort

1. Suits founded on contract or on tort Three years The dates on which the cause of action accrues 2, 7 to 9, 19 to 43, 50 to 84, 86, 87, 97, 99 to 102, 107 to 111, 113, 115, 116 and 131.

Part II
Movable Property

2. To recover specific movable property or its value. Three The date on which the cause of action accrues. 48, 49
3. To recover movable property deposited or pawned, from a depository or pawned Three years The date of refusal after demanded. 145
4. To recover movable property deposited or pawned and after wards sold by the depository or pawned for valuable consideration. Three years When the sale becomes known to the plaintiff. 48A (Second Part.)

Part III
Trusts and Trust Property

5. To recover possession of immovable property conveyed or bequeathed in trust and after wards transferred by the trustee for valuable consideration. Twelve years When the transfer becomes known to the plaintiff 134 (First Part).
6. Like suit in respect of movable property sold. Three years When the transfer becomes known to the plaintiff. 48A (First Part).
7. To set aside a transfer of immovable property comprised in a Hindu, Muhammadan or Buddhist religious or charitable endowment, made by a manager thereof for valuable consideration. Twelve years when the transfer becomes known to the plaintiff. 154A.
8. Like suit in respect of movable property sold. Three years When the sale becomes known to the plaintiff. 48B
9. By the manager of a Hindu, Muhammadan or Buddhist religious or charitable endowment to recover possession of movable or immovable property comprised in the endowment which has been sold or transferred by a previous manager for valuable consideration Twelve years The date of death resignation or removal, as the case may be, of the transfer, or the appointment of plaintiff as manager, whichever is later. 134B and 134 C.

Part IV
Immovable Property

10. By a mortgagor
(a) to redeem or recover possession of immovable property mortgaged. Three years When the right to redeem or to recover possession accrues. 148 and 134 (Second Part).
(b) to recover surplus collection received by the mortgagee, after the mortgage has been satisfied Three years When the mortgagor re-enters on the mortgaged property. 105
11. By a mortgagee
(a) to enforce payment of money secured by a mortgage or otherwise charged upon Twelve years When the money sued for becomes due. 132
(b) for foreclosure Twelve years When the money secured by the mortgage becomes due. 147
(c) for possession of immovable property mortgaged. Twelve years The date of dispossession 142
12. For possession of immovable property based on possessory title, when the plaintiff while in possession of the property has been dispossessed. Twelve years When the possession of the defendant becomes adverse to the plaintiff. 140
13.(a)For of immovable property or any interest therein based on title. Twelve years When the possession of the defendant becomes adverse to the plaintiff. 47, 138 and 144.
Explanations.-For the purpose of this Article.
(i) Title of a remainder-manor reversioner (other than a landlord or devisee shall be deemed to have accrued only when the estate fell into his possession). 140
(ii)The title of a person entitled to possession on the death of a Hindu or Muhammadan female with a limited interest, or life, estate shall be deemed to have accrued only when the female.... 141
(iii) In the cases specified in Explanation (i) ans (ii) above the possession of the defendant shall be deemed to have become adverse only on the respective date of accrual of title
(iv). A purchaser at a sale in execution of the judgement-debtor who was out of possession at the date of sale.
14. Like suit where the plaintiff has become entitled by reason of any forfeiture or breach of condition. Twelve years When the forfeiture is incurred or the or the condition is broken. 143
15. By a landlord to recover to recover possession from a tenant Twelve years when the tenancy is determined. 139

Part V
Other Claims

16. 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 year in which the last term admitted or proved is entered in the accounts; such year to be computed as in the account. 85
17. By a principal against his agent or factor for an account. Three years When the account is during the continuance of the agency demanded and refused or where no such demand is made, when the agency terminates. 88,89
18. By a principal against his agent for neglect or misconduct. Three years When the neglect or misconduct becomes know to the plaintiff 90
19. For an account and a share of the profits of a dissolved partnership. Three years The date of the dissolution. 106
20. The declare the forgery of instrument issued or registered. Three years When the issue or registration becomes known to the plaintiff. 92
21. To obtain a declaration that an alleged adoption is invalid or never, in fact, took place. Three years When the alleged adoption becomes known to the plaintiff. 118
22. Other suit for declaration Three years When the right to sue first accrues. 93, 119 and 129
23. To cancel or set aside an instrument or decree or for the recession of a contract. Three years When the facts entitling the plaintiff to have the instrument or decree cancelled or set-aside or the contract rescinded first become known to him. 91,114
24. To set aside a transfer of property made by the guardian of a ward
(a) by the ward who has attained majority. Three years When the ward attain majority 44
(i) when the ward dies within three years from the date of attaining majority Three years When the ward attain majority
(ii)When the ward dies before attaining majority. Three years When the ward dies
25. To enforce a right of pre­emption whether the right is founded on law or general usage, or on special contract. Three years When the purchaser takes under sale sought to be impeached physical possession of the whole property sold or, where the subject of the sale does not admit of physical possession of the whole or part of the property, when the instrument of sale is registered. 10
26.(a) By a person against whom an order under Rules 63 or 103 Order XXI of the Code of Civil Procedure or under section 23 of the Presidency Small Causes Courts' Act has been made to establish the right which he claims to the property comprised in the order. One year The date of the final order 11, 11A
b) To alter or to set aside any decision or order of a Civil Court in any proceeding other than a suit, or any act or Government in this official capacity One year Do. 13 and 14
(c) to set aside a sale by a Civil or Revenue Court or a sale for arrears of government revenue or for any demand recoverable as such arrears. One year When the sale is confirmed or would otherwise have become final and conclusive had no such suit been brought. 12
27. Upon a judgment, including a foreign judement, or a recognisance. Three years The date of judgment or recognisance. 117 and 122
28. For property which the plaintiff has conveyed while insane. Three years 94
29. To make good out of the general estate of a deceased -trustee the loss occasioned by a breach of trust. Three years The date of the Trustee's death, or, if the loss has not then resulted, the date of loss. 98
30. For a legacy or for a share of a residue bequeathed by a testator, or for a distributive share of the property of an intestate, against an executor or administrator or some other person legally charged with the duty of distributing the estate. Three years When the legacy or share becomes payable or deliverable.
31. For possession of a hereditary office Twelve years When the legacy or share becomes payable or deliverable. 123
Explanation.-An hereditary office is possessed when the profits thereof are usually received, or (if there are no profits) when the duties are usually performed.
32. Suit during the life of a Hindu or Muhammadan female by a Hindu or Muhammadan who if the female died at the date of instituting the suit would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void, except for her life or until her re­marriage. Twelve years The date of the alienation 125
33. By a Hindu governed by the law of the Mitakshara to set aside his father's alienation of ancestral property. Twelve years When the alienee takes possession of the property. 126
34. By a person excluded from joint family property to enforce a right to share therein. Twelve years When the exclusion becomes known to the plaintiff. 127
35. By a Hindu for arrears of maintenance. Three years When the arrears are payable 128
36. By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession. Thirty years The date of the dispossession or discontinuance. 146A
37. Any suit by or on behalf of the Central Government, or any State Government except a suit before the Supreme Court in the exercise of its original jurisdiction. Thirty years When the period of limitation would begin to run under this Act against like suit by a private person. 149

Part VI
Residuary

38. Suits for which no period of limitation is provided elsewhere in this schedule. Thirty years When the right to sue accrus 120 (merging 6, 15, 16, 103, 104 and 112.

Second Division: Appeals

39. Appeal from an order of acquittal under the Code of Criminal Procedure (V of 1898).
(a) Under sub-section (1) and (2) of section 417 of the said Code. Three months The date of the order 15
(b) Under sub-section (3) of section 417 of the same Code. One month The date of the order
40. Under the same Code to any court from a sentence or order not being an order of acquittal or under the Code of Civil Procedure (V of 1908) to any court from any decree or order. Thirty days The date of such decree or order or sentence. 150, 152, 153, 154, 155, 156
41. From the decree or order of any High Court to the same court. Thirty days The date of decree on order. 151

Third Division: Application

42. Under the Arbitration Act, 1940,
(a) for the filing in court of an award Thirty days The date of service of notice of the filling of the award 178
(b) for setting aside an award or getting an award remitted for reconsidera­tion. Thirty days The date of service of notice of the filing of the ward 158
43. Under the Code of Civil Procedure to have the legal representatives of a deceased plaintiff, appellant, defendant or respondent, made a party. Thirty days The date of death plaintiff, appellant, defendant, or respondent. as the case may be. 176, 177
44. Under the same Code for Thirty days The date of abatement. Thirty days The date of abatement. 171
45. To restore a suit or appeal or application for review dismissed for default of appearance or for failure to pay costs of service of process or to furnish security for costs or otherwise not prosecuted. Thirty days The date of dismissal. 160, 163, 168, 172
46. To set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte. Thirty days The date of the decree or where the summons was not duly served when the applicant had knowledge of the decree. 164, 169
Explanation.- For the purpose of this article, substituted service under rule 20 of Order V of the Code of Civil Procedure (V of 1908) shall not be deemed to be due service.
47. For leave to appear and defend a suit under summary procedure. Ten days when the summons is served. 159
48. For review of judgment by any court. Thirty days The date of the decree or order. 161, 162, 173
49. For the payment of the amount of a decree by instalments. Thirty Days The date of the decree 175
50.(1)For the enforcement of a decree granting a mandatory injunction. Three years The date of the decree or where a date is fixed for performance, such date.
(2) (2) For the execution of any other decree or order of any civil Court. Twelve years When the decree or order becomes enforceable (or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought takes takes place. 182, 183, section 48, C.P.C.
51. To record an adjustment or satisfaction of a decree. Thirty days when the payment or adjustment is made. 17
52. To set aside a sale in execution of a decree including any such application by a judgment-debtor. Thirty days The date of Sale 16
53. For possession by one dispossessed of immovable property and disputing the right of the decree holder or purchaser at a sale in execution of a decree. Thirty days The date of dispossession 155
54. For possession after removing resistance or obstruction to delivery of possession of immovable property decreased or sold in execution of a decree. Thirty days The date of resistance or obstruction 167
55. For delivery of possession by a purchaser of immovable property at a sale in execution of a decree. One year When the sale becomes absolute. 180
56. For leave to appeal as a pauper. Thirty days The date of decree appealed from 170
57. To any court for the exercise of its powers of revision under the Code of Civil or Criminal Procedure. Thirty days The date of the decree or order or sentence sought to be revised.
58. To the High Court for a certificate of fitness to appeal to the Supreme Court under Articles 132 (1), 133 and (134) (1)(c) of the Constitution or under any other law for the time being in force. Thirty days The date of decree, order or sentence. New
59. To the Supreme Court for special leave to appeal.
(a) in a case involving death sentence. Thirty days The date of the judgment, final order or sentence. New
(b) in a case where leave to appeal was refused by the High Court. Sixty days The date of the order of refusal. 153
(c) in other case Ninety days The date of judgment or order. 175
60. Other applications for which no period of limitation is provided by any law for the time being in force. Three years When the right to apply accrues. 181

Note.- Articles deleted (Vide notes) 1, 5, 17, 18, 45, 46, 95, 96, 121 and 130.



Limitation Act, 1908 Back




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