SL DESCRIPTION Of PERIOD Of TIME FROM WHICh . SUIT LIMITATIO PERIOD BEGINS TO NO N RUN . 1. For the balance due Three years The close of the year in on a mutual, open and which the last item current account where admitted or proved is there have been entered in the account; reciprocal demands such year to be between the parties. computed as in the account. 2. Against a factor for an Three years When the account is account during the continuance of the agency, demanded and refused or, where no such demand is made, when the agency terminates. 3. By a principal against Three years When the account is his agent for movable during the continuance property received by of the agency, the latter and not demanded and refused accounted for. or, where no such demand is made, when the agency terminates. 4. Other suits by Three years When the neglect or principals against misconduct becomes agents for known to the plaintiff. 5. For an account and a Three years The date of the share of the profits of dissolution. dissolved partnership PART II - Suits relating to Contracts 6. For a seaman's wages Three The end of the voyage years during which the wages are earned. 7. For wages in the case of Three When the wages accrue any other person. years due. 8. For the price of food or Three When the food or drink is drink sold by the keeper years delivered of a hotel, tavern or lodging house. 9. For the price of lodging Three When the price becomes years payable . 10. Against a carrier for Three When the loss or injury compensation for non- years occurs. delivery of or delay in delivering goods. 11. Against a carrier for Three When the goods ought to compensation for losing years be delivered. or injuring goods. 12. For the hire of animals, Three When the hire becomes vehicles, boats or years payable. household furniture. 13. For the balance of Three When the goods ought to money advance in years be delivered. payment of goods to be delivered. 14. For the price of goods Three The date of delivery of sold and delivered when years the goods. no fixed period of credit is agreed upon. 15. For the price of goods Three When the period of credit sold and delivered to be years expires. paid for after the expiry of a fixed period of credit. 16. For the price of goods Three When the period of the sold and delivered to be years proposed bill elapses. paid for by a bill of exchange, no such bill being given. 17. For the price of trees or Three The date of the sale. growing crops sold by years the plaintiff to the defendant where not fixed period of credit is agreed upon. 18. For the price of work Three When the work is done. done by the plaintiff for years the defendant at his request, where no time has been fixed for payment. 19. For money payable for Three When the loan is made. money lent. years 20. Like suit when the Three When the cheque is paid. lender has given a years cheque for the money. 21. For money lent under an Three When the loan is made. agreement that it shall years be payable on demand. 22. For money deposited Three When the demand is under an agreement years made. that it shall be payable on demanded, including money of a customer in the hands of his banker so payable. 23. For money payable by Three When the money is paid. the defendant to he years plaintiff for money received by the defendant, for the plaintiff's use. 24. For money payable to Three When the money is the plaintiff for money years received. paid for the defendant. 25. For money payable for Three When the interest interest upon money years becomes due. due from the defendant to the plaintiff. 26. For money payable to Three When the accounts are the plaintiff for money years stated in writing signed found to be due from the by the defendant or his defendant to the plaintiff agent duly Authorised in on accounts stated this behalf, unless where between them the debt is, by a simultaneous agreement in writing signed as aforesaid made payment at a future time, and then when that time arrives. 27. For compensation for Three When the time specified breach of a promise to years arrives or the do anything at a contingency happens. specified time, or upon the happening of a specified contingency. 28. On a single bond where Three The day so specified. a day is specified for years payment 29. On a single bond, where Three The date of executing the no such day is specified. years bond. 30. On a bond subject to a Three When the condition is condition years broken. 31. On a bill of exchange or Three When the bill or note promissory-note payable years falls due. at a fixed time after date. 32. On a bill of exchange Three When the bill is payable at sight, or after years presented. sight but not at a fixed time. 33. On a bill of exchange Three When the bill is accepted payable at a years presented at that place. particular place. 34. On a bill of exchange or Three When the fixed time promissory-note payable years expires. at a fixed time after sight or after demand. 35. On a bill of exchange or Three The date of the bill or promissory note payable years note. on demand and not accompanied by any writing restraining or postponing the right to sue. 36. On a promissory-note or Three The expiration of the first bond payable by years term of payment as to installments. the part then payable; and for the other parts, the expiration of the respective terms of payment. 37. On a promissory-note or Three When the default is made bond payable by years unless where the payee installments which or obligee waives the provides that, if default benefit of the provision be made in payment of and then when fresh one or more default is made in installments, the whole respect of which there is shall be due. no such waiver. 38. On a promissory-note Three The date of the delivery given by the maker to a years to the payee. third person to be delivered to the payee after a certain event should happen. 39. On a dishonored foreign Three When the notice is given. bill where protest have years been made and notice given. 40. By the payee against the Three The date of refusal to drawer of a bill of years accept. exchange, which has been dishonored by non- acceptance. 41. By the acceptor of an Three When the acceptor pays. accommodation-bill years against the drawer. 42. By a surety against the Three When the surety pays principal debtor. years the creditor. 43. By a survey against a Three When the surety pays crusty. years anything in excess of his own share. 44A On a policy of insurance Three The date of the death of . when the sum insured is years the deceased, or where payable after proof of the claim on the policy is the death has been denied, either partly or given to or received by wholly, the date of such the insurers. denial. 44B On a policy of insurance Three The date of the . when the sum insured is years occurrence causing the payable after proof of loss, or where the claim the loss has been given on the policy is denied to or received by the either partly or wholly, insurers. the date of such denial. 45. By the assured to Three When the insurers elect recover preemie paid years to avoid the policy. under a policy violable at the election of the insurers. 46. Under the Indian Three The date of the payment Succession Act,1925 (39 years or distribution. of 1925), section 360 of Section 361, to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets. 47. For money paid upon on Three The date of failure. existing consideration years which afterwards fails. 48. For contribution by a Three The date of the payment party who has paid the years in excess of the plaintiff's whole or more then his own share. share of the amount due under a joined decree, or by a sharer in a joint estate who has paid the whole or more than his share of the amount of revenue due from himself and his co- sharers. 49. By a co-trustee to Three When the right to enforce against the years contribution accrues. estate of a deceased trustee a claim for contribution. 50. By the manager of joint Three The date of the payment. estate of an undivided years family for contribution, in respect of payment made by him on account of the estate. 51. For the profits of Three When the profits are immovable property years received. belonging to the plaintiff which have been wrongfully received by the defendant. 52. For arrears of rent. Three When the arrears become years due. 53. By a vendor of Three The time fixed for immovable property for years completing the sale, or personal payment of up- (where the title is paid purchase money. accepted after the time fixed for completion) the date of the acceptance. 54. For specific performance Three The date of fixed for the of a contract. years performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. 55. For compensation for Three When the contract is the breach of any years broken or (where there contract, express or are successive breaches) implied, not herein when the breach in specially provided for. respect of which the suit is instituted occurs or (where the breach is continuing) when it ceases. PART III-Suits relating to Declarations 56. To declare the forgery of Three When the issue or an instrument issued or years registration becomes registered. known to the plaintiff. 57. To obtain a declaration Three When the alleged that an alleged adoption years adoption becomes known is invalid, or never, in to the plaintiff. fact, took place. 58. To obtain any other Three When the right to sue declaration. years first accrues. PART IV - Suits relating to Declarations 59. To cancel or set aside an Three When the facts entitling instrument or decree or years the plaintiff to have the for the rescission of a instrument or decree contract. cancelled or set aside or the contract rescinded first becomes known to him. 60. To set aside a transfer of property made by the guardian of a ward (a) By the ward who has Three When the ward attains attained majority; years majority. (b) By the ward's legal Three representative years i. When the ward dies ii. When the ward attains within three years majority. from the date of attaining majority; When the ward dies Three When the ward dies. before attaining majority years 61. By a mortgagor - (a) to redeem or recover, Thirty When the right to redeem possession of immovable years or to recover possession property mortgaged; accrues. (b) to recover possession Twelve When the transfer of immovable property years becomes known to mortgaged and plaintiff. afterwards transferred by the mortgage for a valuable consideration. (c) to recover surplus Three When the mortgagor collection received by the years reenters on the mortgage after the mortgaged property. mortgage has been satisfied. PART V - Suits relating to Immovable Property 62. To enforce payment of Twelve When the money sued for money secured by a years becomes due. mortgage or otherwise charged upon immovable property. 63. By a mortgage (a) for foreclosure; Thirty When the money secured years by the mortgage becomes due. (b) for possession of Twelve When the mortgage immovable property years becomes entitled to mortgaged. possession. 64. For possession of Twelve The date of immovable property years dispossession. based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed. 65. For possession of Twelve When the possession of immovable property or years the defendant becomes any interest therein adverse to the plaintiff. based on title. Explanation - for the purposes of this article - (a) Where the suit is by a remainder-man, a reversionary (other than a landlord); or a devisee the possession of the defendant shall be deemed to become adverse only when the estate of the remainder man, reversionary or devisee, as the case may be falls into possession; (b) Where the suit is by a Hindu or Muslim entitled to the possession of immovable property on the death of a Hindu or Muslim female the possession of the defendant shall be deemed to become adverse only when the female dies. (c) Where the suit is by a purchaser at a sale in execution of a decree when the judgment- debtor was out of possession at the date of the sale, the purchaser shall be deemed to be a representative of the judgment-debtor who was out of possession. 66. For possession of Twelve When the forfeiture is immovable property years incurred or the condition when the plaintiff has is broken. become entitled to possession by reason of any forfeiture or breach of condition. 67. By a landlord to recover Twelve When the tenancy is possession from a years determined. tenant. PART VI - Suits relating to movable property 68. For specific movable Three When the person having property lost, or acquired years the right to the by theft, or dishonest possession of the misappropriation or property first learns in conversion. whose possession it is. 69. For other specific Three When the property is movable property. years wrongfully taken. 70. To recover movable Three The date of refusal after property deposited or years demand. pawned from a depositary or pawnee. 71. To recover movable Three When the sale becomes property deposited or years known to the plaintiff. pawned, and afterwards brought from the deposited or pawned, and afterwards brought from the depositary or pawnee for a valuable consideration. PART VII - Suits relating to torts 72. For compensation for One year When the act or doing or for omitting to do omission takes place. an act alleged to be in pursuance of any enactment in force for the time being in the territories to which this Act extends. 73. For compensations for One year When the false imprisonment. imprisonment ends. 74. For compensation for One year When the plaintiff is malicious prosecution. acquitted or the prosecution is otherwise terminated. 75. For compensation for One year When the libel is libel. published. 76. For compensation for One year When the words are slander. spoken or if the words are not actionable in themselves, when the special damage complained of results. 77. For compensation for loss One year When the loss occurs. of service occasioned by the seduction of the plaintiff's servant or daughter. 78. For compensation for One year The date of the breach. inducing a person to break a contract with the plaintiff. 79. For compensation for an One year The date of the illegal, irregular or distress. excessive distress. 80. For compensation for One year The date of the seizure. wrongful seizure or movable property under legal process. 81. By executors, One year The date of the death of administrators or the person wronged. representatives under the Legal Representatives Suits Act,1855. 82. By executors, Two The date of the death of administrators or years the person killed. representatives under the Indian Fatal Accidents Act,1855. 83. Under the Legal Two When the wrong Representative Suits years complained of is done. Act,1855 against an executor, and administrator or any other representative. 84. Against one who, having a Two When the perversion right to use property for years first becomes known to specific purposes, the person injured perverts it to other thereby. purposes. 85. For compensation for Three The date of the obstructing a way or a years obstruction. water course. 86. For compensation for Three The date of the diverting a water course. years diversion. 87. For compensation for Three The date of the trespass upon immovable years trespass. property. 88. For compensation for Three The date of the infringing copyright or years infringement. any other exclusive privilege. 89. To restrain waste. Three When the waste begins. years 90. For compensation for Three When the injunction injury caused by an years ceases. injunction wrongfully obtained. 91. For compensation - (a) for wrongfully taking Three When the person or detaining any specific years having the right to the movable property lost, or possession of the acquired by theft, or property first learns in dishonest whose possession it is. misappropriation or conversion. (b) for wrongfully taking Three When the property is or injuring or wrongfully years wrongfully taken or detaining any other injured, or when the specific movable property. detainee's possession becomes unlawful. PART VIII - Suits relating to trust and trust property 92. To recover possession of Twelve When the transfer immovable property years becomes known to the conveyed or bequeathed plaintiff. in trust and afterwards transferred by the trustee for a valuable consideration. 93. To recover possession of Three When the transfer immovable property years becomes known to the conveyed or bequeathed plaintiff. in trust and afterwards transferred by the trustee for a valuable consideration. 94. To set aside a transfer to Twelve When the transfer immovable property years becomes known to the comprised in a Hindu, plaintiff. Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. 95. To set aside a transfer of Three When the transfer, movable property years becomes known to the comprised in a Hindu, plaintiff. Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. 96. By the manager of a Twelve The date of death, Hindu, Muslim and years resignation or removal Buddhist religious or of the transfer or the charitable endowment to date of appointment of recover possession of the plaintiff as manager movable or immovable of the endowment, property comprised in whichever is later. the endowment which has been transferred by a previous manager for a valuable consideration. PART IX - Suits relating to miscellaneous matters 97. To enforce a right of One When the purchaser preemption whether the year takes under the sale right is founded on law sought to be impeached, or general usage or on physical possession of special contract. the whole or part of the property sold, or, where the subject matter of the sale does not admit of physical possession of the whole or part of the property, when the instruments of sale is registered. 98. By a person against One The date of the final whom [an order referred year order. to R.63 or rule 103] of Order XXI of the Code of Civil Procedure, 1908 or an order under section 28 of the Presidency Small Cause Courts Act,1882 has been made, to establish the right which he claims o the property comprised in the order. 99. To set aside a sale by a One When the sale is civil or revenue court or year confirmed or would a sale for arrears of otherwise have become Government revenue or final and conclusive had for any demand no such suit been recoverable as such brought. arrears. 100 To alter or set aside any One The date of the final . decision r order of a civil year decision or order by the court any proceeding court or the date of the other than a suit of any act or order of the officer, act or order of an officer as the case may. of Government in his official capacity. 101 Upon a judgment Three The date of the judgment . including a foreign years or recognisance. judgment, or a recognizance. 102 For property which the Three When the plaintiff is . plaintiff has conveyed years restored to sanity and while insane. has knowledge of the conveyance. 103 To make good out of the Three The date of the trustee's . general estate of a years death or if the loss has deceased trustee the loss not then resulted, the occasioned by a breach date of the loss. of trust. 104 To establish a Three When the plaintiff is first . periodically recurring years refused the enjoyment right. for the right. 105 By a Hindu for arrears of Three When the arrears are . maintenance. years payable. 106 For a legacy or for a Twelve When the legacy or share . share of a residue years becomes payable or bequeathed by a testator deliverable. or for a distributive share of the property of an intestate against an executor or an administrator or an administrator or some other person legally charged with the duty of distributing the estate. 107 For possession of a Twelve When the defendant . hereditary office. years takes possession of the office adversely to the Explanation - A plaintiff. hereditary office is possessed when the properties thereof are usually received, or (if there are no properties) when the duties thereof are usually performed. 108 Suit during the life of a Twelve The date of the . Hindu r Muslim female years alienation. by a Hindu or Muslim 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 re-marriage. 109 By Hindu governed by Twelve When the Aileen takes . Mitakshara Law to set years possession of the aside his father's property. alienation or ancestral property. 110 By a person excluded Twelve When the exclusion . from a joint-family years becomes known to the property to enforce a plaintiff. right to share therein. 111 By or on behalf of any Thirty The date of the . local authority for years dispossession or possession of any public discontinuance. street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession. 112 Any suit (except a suit Thirty When the period of . before the Supreme years limitation would begin to Court in the exercise of run under this Act its original jurisdiction) against a like suit by a by or on behalf of the private person. Central Government, or any State Government including the Government of the State of Jammu and Kashmir. PART X - Suits for which there is no prescribed period 113 Any suit for which no Three When the right to sue . period of limitation is years accrues. provided elsewhere in this Schedule. Second Division - Appeals
SL. DESCRIPTION OF PERIOD OF TIME FROM
NO. SUIT LIMITATIO WHICH PERIOD N BEGINS TO RUN 114 Appeal from an order . of acquittal, - (a) under sub- Ninety The date of section (1) days the order or sub- appealed section (2) from of section 417 of the Code of Criminal Procedure, 1898; (b) under sub- Thirty days The date of the section (3) of Section grant of Special 417 of the that Code. leave. 115 . Under Code of Criminal Procedure,1898
Thirty days The date of the
(a) From a sentence sentence of death passed by a court of section or by a High Court in the exercise of its original Criminal Jurisdiction.
(b) From any The date of the
other sentence or order. sentence or any order not being an order of acquittal - (i) to Sixty days the High Thirty days Cour t (ii) to any other Court 116 Under the Code of . Civil Procedure,1908 (a) To a High Court The date of the from any decree or Ninety days decree or order. order; (b) To any other court The date of the from any decree or Thirty days decree or order. order 117 Thirty days The date of the . From a decree or decree or order. order of any High Court to the same Court.
THIRD DIVISION APPLICATIONS
PART I - Applications in specified cases SL.NO. DESCRIPTION OF PERIOD Of TIME FROM WHICh SUIT LIMITATION PEROID BEGINS TO RUN 118. For leave to appear Ten days When the summons and defend a suit is served. under summary procedure. 119. Under the Arbitration Act,1940 (a) For the filing in Thirty days The date of service court of an award; of the notice of the making of the award; (b) For setting aside Thirty days The date of the an award or getting service of the notice an award remitted for of the filing of the reconsideration. award. 120. Under the Code of Ninety days The date of the Civil Procedure,1908, death f the plaintiff, to have the legal appellant, representative of a defendant or deceased plaintiff or respondent, as the appellant or of a case may be; deceased defendant or respondent, made a party. 121. Under the same Code Sixty days The date of for an order to set abatement. aside an abatement. 122. To restore a suit or Thirty days The date of appeal or application dismissal. 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. 123. To set aside a decree Thirty days The date of the passed ex prate or to decree or where the rehear an appeal summons or notice decree or head ex was not duly served prate. when the applicant had knowledge of Explanation - For the the decree. purpose of this article, substituted service under rule 20 of Order V of the Code of Civil Procedure, 1908 shall not be deemed to be due service. 124. For a review of Thirty days The date of the judgment by a court decree or order. other than the Supreme Court. 125. To record an Thirty days When the payment adjustment or or adjustment is satisfaction of a made. decree. 126. For the payment of Thirty days The date of the the amount of a decree. decree by installments. 127. To set aside a sale in [Sixty days] The date of the sale. execution of a decree, including any such application by a judgment-debtor. 128. For possession by on Thirty days The date of the dispossessed of dispossession. immovable property and disputing the right f the decree- holder or purchaser at a sale in execution of a decree. 129. For possession after Thirty days The date of removing resistance resistance or or obstruction of obstruction. delivery of possession of immovable property decreed or sold in execution f a decree. 130. For leave to appeal as a pauper - (a) To thee High Sixty days The date of decree Court; appealed from. (b) To any other Thirty days The date of decree Court; appealed from. 131. To any court for the Ninety days The date of the exercise of its powers decree or order of of revision under the sentence sought to Code of Civil be revised. Procedure,1908, or the Code of Criminal Procedure, 1898. 132. To the High Court for Sixty days The date of the a certificate of fitness order or sentence. to appeal to the Supreme Court under Clause (1) of Article 132, Article 133 or sub-clause (c) of clause (e) of Article 134 of thee Constitution or under any other law for the time being in force. 133. To the Supreme Court for Special leave to appeal, (a) In a case involving Sixty days Th date of the death sentence; judgment, final order or sentence. (b) In a case where Sixty days The date of the leave to appeal was order of refusal. refused by the High Court; (c) In any other case. Ninety days When date of the judgment or order. 134. For delivery of One year When the sale possession by a becomes absolute. purchaser of immovable property at a sale in execution of a decree. 135. For the enforcement Three years The date of the of a decree granting a decree or where a mandatory date is fixed for injunction. performance, such date. 136. For the execution of Twelve years [Where] the decree any decree (other or order becomes than a decree enforceable or granting a mandatory where the decree or injunction) or order of any subsequent any civil court. order directs any payment of money or the delivery of any property to be made at a certain date or at recurring period, when default in making the payment or delivery in respect of which execution is sought, takes place: 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. PART II Other applications 137 Any other application for Three When the right to apply . which no period of years accrues. limitation is provided elsewhere in this Division. Bare Acts Live