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Law of Limitation-PDF-Format (1)

Law of Limitation-PDF-Format (1)

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Dr.M.S.

RAJ-PUROHIT
BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION

1

BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION
Introduction: Law is the back-bone for the standing of the peaceful and live society. It lives and changes with the change in the society. The mortality is the fate of every life. The nature and its laws follow it without break and deviations. So would be the fate with the litigations, because there is no good to the society in keeping them to be live for sine-die period. The law of limitation is founded on the Latin maxim “Interest republicae ut sit finis litium” , which means that it is for the general welfare that a period be put to litigation. The Hon’ble Supreme Court in Rajendar Singh v. Santa Singh1 held that the object of the law of limitation is to prevent disturbance or deprivation may have been acquired in equity and justice by long enjoyment or what may have been lost by a party’s own inaction, negligence or laches. History: The traces of law of limitations can be observed in almost every period (Yuga) of Hindu mythology i.e. Sat, Treta, Dwapar & now in Kali. Example can be seen in Ramayan & Mahabharat also. However, some writers2 state that under the Hindu Jurisprudence there was only a law of prescription and no law of limitation as such. For the acquisition of the title by prescription a period of 20 years was laid down by certain Smriti writers though others differed regarding the length of period. The main occupation of the people being agriculture and there being very little commerce or trade, concentration was more on the land and the rights therein. This was the position not only in Hindu society but also in other countries; thus in England before James Statute of 1523 there was no specific Law of Limitation. 1523 A.D 1793 A.D. James Statute introduced in England for the Law of Limitation. From 1793 A.D. Regulations were passed from time to time for fixing the limitation for institution of action; but Before 1859 i.e. till 1858 two systems of Law of Limitation were adopted by the Courts in India. In Presidency towns viz. Calcutta, Madras and Bombay the English Law was followed; whereas in Moffusills courts administered the law as laid down by the Regulations which passed from time to time.

1858 A.D.

1 2

AIR 1973 SC 2537. P.Basu’s commentary on Limitation Act; 6th Edition, 2006, pp.1,7

D. Later some Amending Acts were also passed. 1964 The Limitation Act. and justice. 1956 Law commission in the 3rd Report dt 27-7-1956 made various recommendations pertaining to the limitation law. because it extinguishes stale demands and quiets title.D. 1. Act XIX of 1871.Dr. First time Act XIV of 1859 was passed a law on the subject Limitation. 1962 A.D. 1908. Object of the Law of Limitation The object of the Law of Limitation is well known that interest of the State requires that there should be an end of litigation. 1871 A. 1st Jan. It is one of the repose.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 2 1859 A. 1963 came in to force.D. 1877 A. 1960 On the recommendation of the Law Commission a Bill of that intent was introduced in the Parliament but it lapsed on account of dissolution of the Lok-Sabha. 1963 Assent of the President on the Limitation Bill was accorded. This Bill of 1960/62 seeks to implement the 3rd Report of the Law Commission on the Indian Limitation Act. Finally. It has been said that the Statute of Limitation is a Statute of repose. the above mentioned Bill was again introduced in the Parliament.D. peace. It secures peace as it ensures security of rights and it . 1908 A. 23rd Dec. 5th Oct. The utility of a Statute of Limitation has never been a matter of serious doubt or dispute. with one important modification. Appeals and Applications was taken up and the Limitation Act of 1908 (IX of 1908) was passed. in the words of John Voet. and thus The Limitation Act. 27th July.D. it is felt that it would be more advantageous to adhere to the existing scheme which in almost all cases indicates the specific points of time from which the period of limitation begins to run. the question of consolidating and amending the law relating to limitation for Suits. 1963 came in to existence. controversies are restricted to a fixed period of time lest they become immortal while men are mortal. Act XIV of 1859 came in to operation. 1862 A.S. Act XV of 1877. While giving effect to the recommendations of the Commission as respects the re-arrangements of the Articles contained in the 1st Schedule in accordance with their subject-matter of the rationalization of the periods of limitation as far as possible.M.

(Rajender Singh and Ors. The law of limitation fixes a life-span for such legal remedy for the redress of the legal injury so suffered. J.Dr. (Popat and Kotecha Property v. the Court must lean against limitation and in favour of the subsistence of the right to sue where two views are clearly possible. That is what V. Krishna Iyer. but seek their remedy promptly. During the efflux of time.1 AIR 1973 SC 2537 5 (2005)7SCC510 .)4 Rules of limitation are not meant to destroy the rights of parties. 3 4 Report of the Law Commission of India on the Limitation Act.3 The object or the law of limitation is to prevent disturbance or deprivation of what may have been acquired in equity and justice by long enjoyment or what may have been lost by a party's own inaction. So. peace and justice which bars the remedy after the lapse of a particular period by way of public policy and expediency without extinguishing the right except in certain cases. He stated that time holds in on hand a scythe and in the other. negligence.Vs. The object of providing a legal remedy is to repair the damage caused by reason of legal injury. State Bank of India Staff Association. if a claim is clearly barred. said in Eapen Panicker v. or laches. so far as India is concerned. a life-span must be fixed for each remedy. They are meant to see that parties do not resort to dilatory tactics. The operation of the law of prescription has been explained by Lord Plunket in a striking metaphor. newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts.) 5 2. The scythe moves down the evidence of our rights while the hourglass measures the period which renders that evidence superfluous. It is enshrined in the maxim interest re publicae ut sit finis litium (it is for the general welfare that a period be put to litigation).RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 3 secures justice. that the frame work of the hour-glass will certainly decay. p. The idea is that every legal remedy must be kept alive for legislatively fixed period of time. the Court must unhesitatingly dismiss the suit.M.S. It is a law of repose. as by lapse of time evidence in support of rights may have been destroyed. Time is precious and wasted time would never revisit. Unending period for launching the remedy may lead to unending uncertainty and consequential anarchy.Santa Singh and Ors. Construction of the Law of Limitation Law of limitation is not meant to be an aid to unconscionable conduct. The law of limitation is thus founded on public policy. the benefit of that doubt should go to the plaintiff. Therefore. When there is the benefit of a reasonable doubt in the matter of construction of a statement relied upon to serve as an acknowledgment to save limitation.R. a hour-glass. the glass be broken and the sand escape. Commenting on this a learned author observes that the metaphor could have been completed by adding. There can be thus being no doubt that it (The Law of Limitation) rests on the sound policy. although.

appeal preferred. This provision has been kept because the adverse possession creates an absolute ownership in favour of the person who is in adverse possession.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 4 Krishna Panicker. Law of Limitation bars the remedy and does not extinguish the right As has been laid by the Supreme Court in the case of Popat and Kotecha Property’s case(supra).Dr. 2. However B does not file the suit till 1st March 2006 and there after the suit is barred by limitation. Salient Features: 1. (1970 KLT 42). but later on refuses to do so. as per article 54 of the Limitation Act. Illustration: A enters into an agreement with B on 1st January. Exception: However there is an exception to the aforesaid rule. following earlier Supreme Court decisions. the Law of Limitation bars only the remedy and does not extinguish the rights of the parties. which we shall deal in the succeeding paragraphs. his right to such property shall be extinguished. 2003. v. (vide Craft Centre and Ors. The Koncherry Coir Factories. He agrees to execute a sale deed within two months. 2003. Suits. to sell his property for a certain sum of money and receives some advance.M. Section 27 of the Act says that at the determination of the period hereby limited to any person for instituting a suit a for possession of any property. no body is going to stop him. (Section 3) However this provision is subject to the provisions of section 4 to 24 of the Act. appeals and applications filed after the laws of limitation are liable to be dismissed: Every suit instituted. and application made -after the prescribed period of limitation shall be dismissed although limitation has not been set up as a defense. 1963 (hereinafter referred to as ‘the Act’). B can file a suit for specific performance of contract within three years from 1st March. nor he can later file a suit to get the sale deed cancelled on the ground that he was not obliged to perform the contract after the limitation. Exclusion of time in certain cases: 6 AIR1991Ker83 .S. But on account of good sense if A performs the contract. even 1st March 2006. Cherthala)6 3.

all appeals and applications can be accepted by the Court. In a suit for redemption or foreclosure of mortgage if the limitation of 30 years expired during the period of insanity of the plaintiff. For example.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 5 When the court is closed on the last day of the limitation. (Section 9) 3. The time limitation will start running only after two months of the date of lending. the same will be time barred. petition or appeal can be presented on Monday. The aforesaid provisions shall apply to Legal Representatives as well . provided adequate and sufficient grounds for not filing the application or appeal in time are given. and applications under Order XXI of the Code of Civil Procedure (Execution Petitions for Decrees). However for certain suits. the maximum limitation which can be allowed to him after cessation of the diability would be three years. (Section 4) Except the original suits. than the time of limitation shall start running only when the the person becomes major or the disability ceases to exist. after the cessation of disability or attaining majority. 7 & 8). Civil Suits and Cases under the Consumer Protection Act. with no time limit fixed for repayment. In this case the time of limitation starts running as soon as the goods are purchased. appeal or application. when the right to sue starts. no subsequent disability or inability can stop it. While computing the period of limitation the day of 1st January 2003 shall be excluded and will be counted from 2 nd . A lends money to B with a condition that the money would be repaid after two months. For example. which insanity continues for twelve years. still the time will not stop running and if the suit is not filed within three years of purchasing the goods. the plaint. The time shall start running only after twelve years.S. But once the time has started running.Dr. In case B becomes insane. For example. If the person is a minor or under a legal disability. when the court is closed. After one and half month A becomes insane. like Election Petitions. or on the first day of the court re-opening after the summer vacation . A purchases goods on credit from B. shall be excluded. or in summer vacation. (Sections 6. the limitation shall be extended up to a period when the court re-opens. For example. even after the expiration of the limitation period. a loan is taken on 1st January 2003.M. Computation method: In computing the period of limitation for any suit. when the last day of limitation falls on Sunday. the day from which such period is to be reckoned. (Section 5) Thus the provisions of section 5 of the Act do not apply to any suit or other petition filed for the first time in Court. the limitation can not extend for more than three years.

where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which. the time during which the plaintiff has been prosecuting with due diligence another civil proceedings. the time spent in the consumer forum shall be excluded while computing the period of limitation. and when the Forum rules that the matter should be tried by a Civil Court. (Section 14) In computing the period of limitation of any suit or application for the execution of a decree. despite the fact that the copy is ready and the court has served him a notice to take the same.M. the day on which the judgement complained of was pronounced and the time requisite for obtaining a copy of the decree. sentence or order appealed from or sought to be revised or reviewed shall be excluded. from defect of jurisdiction or other cause of a like nature. 2007 the aggrieved person files an application for a certified copy.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 6 January 2003. However after making an application for taking certified copy. a suit or application has been filed in a court. upto 31 st January. against the defendant shall be excluded. Now 2nd February. and the day on which it was withdrawn. is unable to entertain it. For example a judgement is pronounced on 1st January. 2007 (If the limitation for such appeal is thirty days). the person does not take the copy.Dr. i. the plaint or application is returned to the plaintiff or applicant as the case may be. For example on account of mistake. the time of the continuance of the injunction or order. the institution or execution of which has been stayed by injunction or order. While calculating the time for appeal. In computing the period of limitation for any suit of which notice has been give or for which the previous consent or sanction of the Government or any other authority is required. in accordance with the requirements of any law for the time . 2007.S. to be filed in the appropriate court. If a complaint is filed in the Consumer Forum for a dispute regarding commercial transaction. has bonafide entertained it? Thereafter when the mistake is discovered. the day on which it was issued or made. this day will be excluded and an appeal can be filed within thirty days. review and awards as well. 2007. This rule applies to revision. which though does not have jurisdiction. whether in a court of first instance or of appeal or revision. such time can not be calculated for extension of time. In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment. shall be excluded. (Section 12) In computing the period of limitation for any suit or application.e. Thus he will get 9 more days and can file appeal up to 9th March 2007. Similarly in computing the period of limitation for an application to set aside an award. the time requisite for obtaining a copy of the award shall be excluded. Therefore a suit filed on 1st January 2006 shall be within limitation. which is delivered to him on 10th February.

RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 7 being in force the period of such notice or. in the illustration given in point no.Dr. 2006. 2007. a fresh period of limitation shall be computed from the time when the acknowledgement was so signed. becomes time barred on 1st January 2007. 2009. While calculating the time of limitation this period of two months shall be excluded. Special Law prevails over the General Law . the period of limitation shall be renewed up to 24th December. as the case may be. oral evidence of its contents shall not be received. Effect of payment on account of debt or of interest on legacy: Where payment on account of debt or of interest on a legacy is made before the expiration of the prescribed period. the time required for obtaining such consent or sanction shall be excluded. say on 24th of December. For example. for filing a suit against Government two months prior notice is a must as contained in section 80 of the CPC. before the expiration of the prescribed period for a suit or application in respect of any property or right. by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf. In excluding the time required for obtaining the consent or sanction of the Government or any other authority. provided the notice is issued before the expiry of the original time of limitation. For example. it shall have no effect of enhancing the limitation. (Section 19) 5. However. (Section 18) 5. 1872 (1 of 1872). or by any person through whom he drives his title or liability. instead of acknowledgment. still the limitation will be increased upto 24th December. executes an acknowledgement in writing and signs on it before 1st January. (Section 15) 4. an acknowledgement of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed. Effect of acknowledgement in writing: Where. the date on which the application was mad for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be counted. For example a loan taken on 1st January. 2009. In other words.S. payment is made on 24 th December. 2006. payment without written acknowledgment shall not be sufficient to increase the limitation period.M.4. to attract this provision the payment should be acknowledged in the hand writing or signature of the person making it. but subject to the provisions of the Indian Evidence Act. However if the debtor. But if the acknowledgement is made after 1st January 2007. oral evidence may be given of the time when it was signed. a fresh period of limitation shall be computed from the time when the payment was made. 2004. Where the writing containing the acknowledgement is undated.

For the price of food or drinks sold by the keeper of a hotel tavern or lodging house Against a carrier for compensation for losing or injuring goods. . Three years 5 7 Three years When the wages accrue due. Against a carrier for compensation for non-delivery of.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 8 If some special statute provides a special limitation it shall prevail over the law of limitation. 4 Others suits by principals against agent Three years for neglect or misconduct. during the continuance of the agency. For money payable for money lent. 8 Three years When the food or drink is delivered. 11 Three years When the goods ought to be delivered. For the price of work done by the plaintiff for the defendant at his request.Dr. For an account and a share of the profits of a dissolved partnership. 3 By a principal against his agent for Three years movable property received by the latter and not accounted for.M.No Description of Suit Period of limitation Time from which period begins to run When the account is. The date of the dissolution. 18 Three years When the work is done 19 Three years When the loan is made 20 Like suit when the lender has given a Three years When the cheque is paid.S. 10 Three years When the loss or injury occurs. demanded and refused or. where no such demand is made. PERIODS OF LIMITATION FOR SELECTED MATTERS PART 1.SUITS S. When the neglect or misconduct becomes known to the plaintiff. when the agency terminates. where no time has been fixed for payment. goods. For wages in the case of any other person. or delay in delivering.

When the surety pays the creditor. and for the other parts. or. Three years When the loan is made 27 Three years When the time specified arrives or the contingency happens. Three years Three years 54 For specific performance of a contract. Three years . The time fixed for completing the sale. When the contract is broken or (where there are successive breaches) when the suit is instituted occurs or (where the breach is continuing) when it ceases. when the plaintiff has notice that performance is reused. On a promissory note or bond payable by instalments. By a surety against a co-surety Three years Three years 52 53 For arrears of rent. the expiration of the respective terms of payment. When the issue or registration becomes known to the plaintiff.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 9 cheque for the money. 36 Three years The expiration of the first term of payment as to the part then payment as to the part then payable. For compensation for breach of a promise to do anything at a specified time. When the profits are received.M. By a vendor of immovable property for personal payment of unpaid purchase-money. express or implied not herein specially provided for. if no such date is fixed. On a bill of exchange or promissory note payable at a fixed time after date. 42 43 By a surety against the principal debtor. or (where the title is accepted after the time fixed for completion) The date of the acceptance. or upon the happening of a specified contingency. Three years 55 For compensation for the breach of any contract. The date fixed for the performance.S. When the surety pays anything in excess of his own share.Dr. 21 For money lent under an agreement that it shall be payable on demand. Three years 56 To declare the forgery of an instrument issued or registered. 31 Three years When he bill or note falls due.

took place.M. 59 To cancel or set aside an instrument or Three years decree or for the rescission of a contract. To enforce payment of money secured Twelve years by a mortgage or otherwise charged upon immovable property. By mortgagee. (b) To recover possession of immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration. ©( Twelve 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 61 When the right to redeem or to recover possession accrues. or never. When the money secured by the mortgaged becomes due. When the mortgagee becomes entitled to possession. 58 Three years When the right to sue first accrues. The date of dispossession. – (a) For foreclosure When the mortgagor re-enters on the mortgaged property. in fact. (c) To recover surplus collections Three years received by the Mortgagee after the mortgage has been satisfied. 63 Thirty years (b) For possession of immovable Twelve years property mortgaged. When the transfer becomes known to the plaintiff. – (a) To redeem or recover possession Thirty years of immovable property mortgaged.Dr. To obtain any other declaration.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 10 57 To obtain a declaration that an alleged adoption is invalid is invalid.S. 64 For possession of immovable property Twelve years bases on previous possession and not on title. 62 When the money sued for becomes due. By a mortgagee. Three years When the alleged adoption becomes known to the plaintiff. when the plaintiff while in possession of the property has been dispossessed. .

S.M. By a landlord to recover possession Twelve years from a tenant. For compensation for obstructing a way or a watercourse. 68 When the person having the right to the possession of the property first learns in whose possession it is. For compensation for injury caused by an injunction wrongfully obtained . For compensation for trespass upon immovable property. When the imprisonment ends. For the possession of immovable Twelve years property when the plaintiff has become entitled to plaintiff has become entitled to possession by reason of any forfeiture or breach of condition. For other specific movable property. One year Three years Three years Three years The date of the obstruction The date of trespass. When the words are spoken or.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 11 65 For possession of immovable property Twelve years or any interest therein bases on title. . or dishonest misappropriation or conversion. One year One year When the plaintiff is acquitted or the prosecution is otherwise terminated. When the libel is published. when the special damage complained of results. Three years When the injunction ceases. 69 73 For compensation imprisonment. Three years 66 When the possession of the defendant becomes adverse to the plaintiff. 75 76 80 85 87 88 90 For compensation for wrongful seizure of movable property under legal process. For compensation for libel. The dare of he seizure. When the property is wrongfully taken. For compensation for slander.Dr. The date of the infringement. lost or Three years acquired by theft. for false One year 74 For compensation for a malicious One year prosecution. if the words are not actionable in themselves. For compensation for infringing copyright or any other exclusive privilege. 67 When the tenancy is determined. When the forfeiture is incurred or the condition is broken. For specific movable property.

where the subject-matter of the sale does not admit of physical possession of the whole or part of the property. The date of the final decision or order by the court or the date of the at or order of the officer as the case may be . By a Hindu for arrears of maintenance. or acquired by theft or dishonest misappropriation or conversion. To enforce a right of pre-emption One year whether the right is found on law in general usage or on special contract. 110 When the exclusion becomes known to the plaintiff. By or on behalf of any local authority Thirty years 109 When the alience takes possession of he property.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 12 91 For compensation. 97 99 To set aside a sale by a civil or One Year revenue court or a sale for arrears of Government revenue or for nay demand recoverable as such arrears. 111 The date of the dispossession or .M. physical possession of the whole or part of the property sold. 100 105 107 When the arrears are payable. – (a) For wrongfully taking or Three years detaining any specific movable property lost. law to set aside his father’s alienation of ancestral property. By a Hindu governed by Mitakshara Twelve years . or. By a person excluded from a joint Twelve years family property to enforce a right to share therein. When the defendant takes possession of the office adversely to the plaintiff. When the sale is confirmed or would otherwise have become final and conclusive had no such suit been brought . For possession of a hereditary office. Twelve years Explanation . When the person having the right to the possession of the property first learns in whose possession it is. To alter or ser aside any decision or One year order or a civil court in any proceeding other than a suit or any act or other or an officer of Government in his official capacity. – A hereditary office is possessed when the properties thereof are usually received. Three years When the purchaser takes under the sale sought it be impeached.Dr. when the instrument of sale is registered . or (if there are no properties) when the duties thereof are usually performed.S.

115 Under the Code of Civil Procedure. including the Government of the State Jammu and Kashmir. The date of the grant of special leave. 1898 (5 of 1898).RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 13 for possession of any public street or any part thereof from which it has been dispossessed or of which it has discontinued the possession. The date of the order appealed from. – (a) (a) Under sub-section (1) or Ninety days sub section (2) of section 417 of the Code Of Civil Procedure. 113 When the right to sue accrues. – (a) (a) From a sentence of death Thirty days passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction . Ninety days The date of the decree or order . 1908 (5 of 1908) . (b) (b) Under sub-section (3) of Thirty days Section 417 of that Code. 112 Any suit (except a suit before the Thirty years Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government or any State Government.M.Dr. 1898 (5 of 1898). When the period of limitation would begin to run this Act against a like suit by a private person. PART – II APPEALS 114 Appeal from an order of acquittal. The date of the sentence The date of the sentence of the order . Any suit for which no period of Three years limitation is provided elsewhere in this Schedule. (b) (b) From nay other sentence or Sixty days any order not being an order of acquittal. The date of the sentence or order.S. – (i) (i) To the High Court (ii) To any other Court 116 Under the code of Civil Procedure. – (a) (a) To a High Court from any discontinuance.

The date of abatement. Explanation. – For the purpose of this article . (b) (b) To any other court from any decree or order. substituted service under rule 20 of Order V of the Code of Civil Procedure. The date of the decree or where the summons or notice was not duly served. (b)For setting aside an award or Thirty days getting an award remitted for reconsideration. 121 Under the same Code for an order to Sixty days ser aside and abatement. The date of the service of the notice of the filing of the award .Dr. Ninety days 1908 (5 of 1908). 122 To restore a suit or appeal or Thirty days application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs. (c) (c) 117 From a decree or order of any High Court to the same Court. 123 To set aside a decree passed ex parte or Thirty days to re-hear an appeal decreed or heard ex parte. 1940 (10 of 1940 ). 1908 (5 of 1908) shall not The date of dismissal. Thirty days The date of the decree or order Thirty days The date of the decree of the order . 120 Under the Code of Civil Procedure. appellant.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 14 decree or order . to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent. The date of service of the notice of the making of the award. when the applicant had knowledge of he decree.M.. .S. (a) (a) For the filing in court of an Thirty days award. made a party. The date of death of the plaintiff. defendant or respondent as the case may be . PART – III APPLICATIONS 119 Under the Arbitration Act.

Thirty days The date of the decree of the order When the payment or adjustment is made. – (a) (a) To the High Court. Thirty days The date of the sale.M. (c)In any other case. final order or sentence. The date of the order or refusal.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 15 be deemed to be due service . (b)In a case where leave to appeal was Sixty days refused by the high court. including any such application by the judgement-debtor. 125 To record an adjustment by a court other than the Supreme Court. 130 For leave to appeal as pauper. article 133 or sub-clause (c) or clause (1) of article 134 of the Constitution or under any other law for the time being in force The date of the decree. 132 To the High Court for a certificate of Sixty days fitness to appeal to the Supreme Court under clause (1) of article 132. The date of decree appealed from. Sixty days The date of the judgement. or the Code of Criminal Procedure. – (a)In a case involving death sentence.Dr. 133 To the Supreme Court for special leave to appeal. 1898 (5 of 1898). 131 To any court for the exercise of its Ninety days powers of revisions under the Code of Civil Procedure. . The date of decree appealed from. 124 For a review of judgement by a court other than the Supreme Court. order or sentence. Sixty days (b) (b) To any other Court. The date of the decree or order or sentence sought to be revised. Ninety days The date of the judgement of the order . 1908 (5 of 1908). The date of the decree Thirty days 126 Thirty days 127 To set aside a sale in execution of a Sixty days decree. For the payment of the amount of a decree by instalments.S.

When the right to apply accrues. When the absolute.Dr. 137 Any other application for which no period of limitation is provided elsewhere in this division. Provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation. 135 For the enforcement of a decree Three years granting a mandatory injunction.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION 16 134 For delivery of possession by a One year purchaser of immovable property at a sale in execution of a decree. 136 For the execution of any decree ( other Twelve years than a decree granting a mandatory injunction ) an order of any civil court. sale becomes The date of the decree or where a date is fixed for performance.S. Three years *** . when default in making the payment or delivery in respect of which execution is sought.M. such date. takes place. 1[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.

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