PERIOD OF LIMITATION IN THE CATEGORY OF CASES IN THE

HIGH COURT
Prepared by Adv Ravindra Jadhav

Email – ravindrajlegal@gmail.com

LinkedIn - @ravindraslegal

OVERVIEW OF LIMITATION ACT 1963

The Limitation Act is law for the limitation of suits and other Proceedings before different courts.

Section 2(j) of the Act defines Term “Period of Limitation” and “Prescribe Period” as –

“period of limitation” means the period of limitation prescribed for any suit, appeal or application
by the Schedule, and “prescribed period” means the period of limitation computed in
accordance with the provisions of this Act.

The scheme of the Act are follows-

The Act consists of 32 sections divided into five parts and Schedule.

1. Part I - Preliminary
2. Part II - Limitation of Suits, Appeals and Applications
3. Part III - Computation of Period of Limitation
4. Part IV - Acquisition of Ownership by Possession
5. Part V – Miscellaneous

PERIOD OF LIMITATION

The schedule of the Act contained 137 Articles divided into three divisions. The first column of the
schedule provides Description of suit and second and third column provides period of limitation and
Time from which period begins to run.

First Division—Suits

 Part I - Suits Relating To Accounts

 Part II - Suits Relating To Contracts
 Part III - Suits Relating To Declarations
 Part IV - Suits Relating To Decrees And Instruments
 Part V - Suits Relating To Immovable Property
 Part VI - Suits Relating To Movable Property
 Part VII - Suits Relating To Torts
 Part VIII - Suits Relating To Trusts And Trust Property
 Part IX - Suits Relating To Miscellaneous Matters
 Part X - Suits For Which There Is No Prescribed Period

Second Division—Appeals

Third Division—Applications

 Part I—Applications in specified cases

PERIOD OF LIMITATION IN THE CATEGORY OF CASES IN THE HIGH COURT
In this document Period of Limitation in the Category of Cases in the High Court divided in following
categories –

1. Limitations In The Category Of The Cases Pertains To Civil Appellate Jurisdiction

2. Limitations In The Category Of The Cases Pertains To Criminal Appellate Jurisdiction
3. Limitations In The Category Of The Cases Pertains To Original Side Jurisdiction

Source –

1. Limitation Act, 1963

2. Bombay High Court Website- https://bombayhighcourt.nic.in/proceeding.php

 LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO CIVIL APPELLATE
JURISDICTION
CATEGORY
1] FIRST APPEAL (CPC)
a. Land Acquisition Act.
b. Employees State Insurance
Act.
c. Railway Claims Tribunal
Act.
d. Motor Vehicles Act.
e. Workmen's Compensation
Act.
f. The Copy Right Act.
g. Securities & Exchange
Board of India Act.
h. Maharashtra 8 Electricity
& Regulatory Commission
Act.
i. Foreign Exchange
Regulation Act.
j. Family Court Appeals Act.
k. Cross objection in Appeal
2] SECOND APPEAL (CPC)
3] LETTERS PATENT
APPEAL
ART. /RULE/ SECTION
Art.116 (a) of Limitation
Act, 1963
R.15(2) of Bombay City
Civil Court Act, 1948
Art. 116 of Limitation Act.
Sec. 82 (3) ESI Act.
Sec. 23 (3) of RCT Act.
Sec. 173(1) of MV Act.
Sec. 30 (20 Workmen's
Compensation Act.
Sec.30(3) Section 5 of the
Limitation Act is applicable
Sec. 72(2) The Copy Right
Act
60 Days, If prevented
by sufficient cause to
Sec. 15z of SEBI Act
Sec. 27 of MERC Act.
60 days, If sufficient
Sec. 35 of FERA
Sec. 19 (3) of Family
Courts Appeal Act.
Order (41) of CPC R.22
Art.116 of Limitation Act.
Bombay High Court (A.S.)
Rules Provisions of L.P.A.
LIMITATION TIME FROM
WHICH PERIOD
BEGINS TO RUN
90 Days The date of the
decree or order.
The date of the
30 Days
decree or order.
90 Days The date of the
decree or order.
60 Days From the date of
order
90 Days From the date of
order
90 Days From the date of
order
From the date of
60 Days
order
3 Months From the date of
order
From the date of
communication of
file within 60 days
the decision or
further period not
order to him.
exceeding 60 days.
60 Days ----
cause shown for -----
further 60 days.
From the date of
30 Days.
judgment or order
Within one month
from the date of
service notice on
him or his pleader
of the day fixed par
30 Days.
hearing of appeal or
within such further
time as the
appellate court may
allow.
The date of the
90 Days.
decree or order.
30 Days. From the date of
order.
 and Order 41 of CPC (117
Art.)

---- District - 90 Days. From the date of

order.
4] APPEAL FROM ORDER Bombay - 30 Days.
From the date of
order.

5] CIVIL REVISION The date of the

APPLICATION(CPC) decree or order or
Art. 131 of Limitation Act. 90 Days.
sentence sought to
be revised.

6] APPLICATIONS
a. Application for setting aside Bombay High Court (A.S) 7 Days. From the date of
Registrar's order Rules Chapter XII Rule-2 order complained
of
Chapter II Rule - 7
Revision of orders of Reg & 15 Days.
Addl. Reg by motion u/
Chapter II, From the date of
Rule 7 order
complained of
The date of death of
the plaintiff ,
b. For bringing L.Rs. on appellant ,
Art. 120 90 Days.
record defendant or
respondent , as the
case may be.
c. For setting aside abatement Art. 121 60 Days. The date of
abatement.
d. For leave to appeal as a The date of decree
Art.130 60 Days.
pauper(a) to the High Court appealed from.
e. To the High Court for a
The date of the
certificate of fitness of appeal
Art, 132 of Limitation Act 60 Days. decree , order or
to the Supreme Court clause 1
sentence.
of Art. 132, 133 etc.
f. Application for restoration The date of the
of appeal, application Review, decree or where the
Revision dismissed for default, summons or notice
want of prosecution. was not duly
Art. 123 of Limitation Act. 30 Days.
served, when the
aplicant had
knowledge of the
decree.
g. Appeal under Sec. 35G(2) of From the date on
Central Excise Act. which order
appealed against is
35G(2)(a) 180 Days.
received by
commissioner or
party order.
h. The Customs Act Appeal 130(2) (a) 180 Days. From the date on
u/s. 130 (2) which the order
appealed against is
received by
 commissioner of
customs or the
other party

7] REVIEW Art. 124 30 Days. The date of the

decree or order.

8] CONTEMPT PETITION From the date on

which the contempt
Sec. 20 1 Year
------- to have been
committed.
9] CONTEMPT APPEAL Sec. 19(4) (a) 30 Days. -----

10] WRIT PETITIONS No limitation but to

Art. 226, 227 etc be filed as early as ------
possible.
 LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO CRIMINAL APPELLATE
JURISDICTION
CATEGORY ART./RULE/SECTION LIMITATION TIME FROM
WHICH
PERIOD
BEGINS TO
RUN
1. CRIMINAL APPEAL
A. Cri. Appeal against acquittal
The date of the
1. u/s.417(1)(2) CrPC(378) Sec. 378 CrPC Art.114(a) 90 Days order appealed
from.
The date of the
2. u/s.417(3) CrPC 378(4) Art. 114(b) 30 Days grant of special
leave.
B. Criminal Appeal against
(i) Sentence of death by Court of Session Art. 115(a) 30 Days The date of the
sentence.
(ii) Conviction in other sentences Art. 115(b) 60 Days The date of the
sentence or order.
C. Cri. Appeal against Judgment, 30 Days From the date of
sentence under MCOC Act. MCOC Act Sec.12 judgment sentence
order
D. Appeal against order under MPID Act MPID Act Sec 11 60 Days From the date of
order
(i) 6 months, if
E. Leave to file appeal against acquittal complainant is
From the date of
by complainant/public servant. u/s 378 378(5) CrPC. public servant.
acquittal.
(4) CrPC (ii) 60 days in
other case.
90 Days From the date of
F. Criminal Revision Application Art. 131 Limitation Act.
order a sentences
1 Year From the date on
which the
G. Contempt Petition Sec. 20 contempt is ------
to have been
comitted.
30 Days From the date on
H. Contempt Appeal Sec.19(4) (1) (a)
order ---
No imitation
but to be filed
2. Writ Petitions Art. 226,227 etc
as early as
possible
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of Time From which period begins to

Description Of Suits
Limitation run
Suits Relating To Accounts
1. For the balance due on a mutual, The close of the year in which the
open and current account, where there Three last item admitted or proved is
have been reciprocal demands Years entered in the account; such year to
between parties be computer as in the account.
When the account is, during the
continuance of the agency,
Three
2. Against a factor for an account demanded and refused or, where no
Years
such demand is made, when the
agency terminates
3. By a principal against his agent for When the account is, during the
movable property received by the continuance of the agency,
Three
latter and not accounted for. demanded and refused or, where no
Years
such demand is made, when the
agency terminates.
4. Other suits by principal against Three When the neglect or misconduct
agents for neglect or misconduct. Years becomes known to the plaintiff.
5. For an account and a share of the Three
The date of the dissolution.
profits of a dissolved partnership. Years
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of
Description Of Suits Time From which period begins to run
Limitation
Suits Relating to Contracts
1. For a Seaman's wages. The end of the voyage during which
Three Years
the wages are earned.
2. For wages in the case of any other When the wages accrue due.
Three Years
person
3. For the price of good or drink sold by
the keeper of a hotel tavern or lodging Three Years When the food a drink is delivered.
house
4. For the price of lodging Three Years When the price becomes payable.
5. Against a carrier for compensation for
Three Years When the goods ought to be delivered.
non delivering goods.
6. For the hire of animals, vehicles,
Three Years When the hire becomes payable.
boats or household furniture.
7. For the balance of money advanced
Three Years When the goods ought to be delivered.
in payment of goods to be delivered
8. For the price of goods sold and
delivered when no fixed period of credit Three Years The date of the delivery of the goods.
is agreed upon.
9. For the price of goods sold and
delivered to be paid of after the expiry of Three Years When the period of credit expires.
a fixed period of credit.
10. For the price of goods sold and
When the period of the proposed bill
delivered to be paid for by a bill of Three Years
elapses.
exchange, no such bill being given.
11. For the price of trees or growing
corps sold by the plaintiff to the
Three Years The date of the sale.
defendant where no fixed period of
credit agreed upon
12. For the price of work done by the
plaintiff for the defendant at his request, Three
When the work is done.
where no time has been fixed for Years.
payment
13. For money payable for money lent Three Years When the loan is made.
14. Like suit when the lender has given
Three Years When the cheque is paid..
a cheque for the money
15. For money lent under an agreement
Three Years When the loan is made.
that it shall be payable on demand
16. For money deposited under an
agreement that it shall be payable on
Three Years When the demand is made.
demand, including money of customer
in the hands of his banker so payable.
17. For money payable by the
defendant to the plaintiff for money
Three Years When the money is received.
received by the defendant, for the
plaintiff's use
18. For money payable for interest upon
money due from the defendant to the Three Years When the interest becomes due.
plaintiff
When the accounts are stated in
writing signed by the defendant or his
19. For money payable to the plaintiff agent duly authorized in this behalf,
for money found to be due from the unless where the debt is, by a
Three Years
defendant to the plaintiff on accounts simultaneous agreement in writing
sated between them. singed as aforesaid, made payable at
a future time and then when that time
arrives.
20. For compensation for breach of a When the time specified arrives or the
promise to do anything at a specified Three contingency happens.
time, or upon the happening of specified Years.
contingency.
21. On a single bond, where a day is
Three Years The day so specified.
specified for payment.
22. On a single bond, where no such
Three Years The date of executing the bond.
day is specified.
23. On a bond subject to a condition Three Years When the condition is broken.
24. On a bill of exchange or promissory
Three Years When the bill or note falls due.
note payable at fixed time after date.
25. On a bill of exchange payable at
sight, or after sight, but not at a fixed Three Years When the bill is presented.
time.
26. On a bill of exchanged accepted When the bill is presented at that
Three Years
payable at a particular place. place.
27. On a bill of exchange or promissory
note payable at a fixed time after sight Three Years When the fixed time expires.
or after demand
28. On a bill of exchange promissory Three Years The date of the bill or note.
note payable on demand and not
accompanied by any writing restraining
or postponing the right to sue.
The expiration of the first term of
29. On a promissory note or bond payment as to the part than payable;
Three Years
payable by installments and for the other parts, the expiration
of the respective terms of payment.
30. On a promissory note or bond When the default is made unless
payable by installments, which provides where the payee or obligee waives the
that, if default be made in payment of Three Years benefit of the provision and then when
one or more installments, the whole fresh default is made in respect of
shall be due. which there is no such waiver.
31. On promissory note given by the
maker to a third person to be delivered
Three Years The date of the delivery to the payee.
to the payee after a certain event should
happen.
32. On a dishonored foreign bill where
protest has been made and notice is Three Years When the notice is given.
given.
33. By the payee against the drawer of
a bill of exchange, which has been Three Years The date of the refusal to accept.
dishonored by non acceptance.
34. By the acceptor of an When the acceptor pays the amount of
Three Years
accommodation bill against the drawer. the bill
35. By a surety against the principal When the surety pays the creditor.
Three Years
debtor
36. By a surety against a co-surety. When the surety pays anything in
Three Years
excess of his own share.
37. (a) On a policy of insurance when The date of the death of the deceased,
the sum insured is payable after proof of or where the claim on the policy is
Three Years
the death has been given to or received denied, either partly or wholly, the date
by the insurers. of such denial.

(b) On a policy of insurance when The date of the occurrence causing the
Three Years
the sum insured is payable after proof of loss, or where the claim on the policy
the loss has been given to or received is denied, either partly or wholly, the
by the insurers, date of such denial.
38. By the assured to recover premia Three Years When the insurers elect to avoid the
paid under a policy voidable at the policy.
election of the insurers.
39. Under the Indian Succession Act,
1925 (39 of 1925), section 360 or
section 361, to compel a refund by a The date of the payment or
Three Years
person to whom an executor or distribution.
administrator has paid a legacy or
distributed assets.
40. For money paid upon an existing
Three Years The date of the failure.
consideration which afterwards fails.
41. For contribution by a party who has The date of the payment in excess of
paid the whole or more than his share of the plaintiff's own share.
the amount due under a joint decree, or
by a sharer in a joint estate who has Three Years
paid the whole or more than his share of
the amount of revenue due from himself
and his co-sharers.
42. By a co-trustee to enforce against
the estate of a deceased trustee a claim Three Years When the right to contribution accrues.
for contribution.
43. By the manager of a joint estate of
an undivided family for contribution, in
Three Years The date of the payment.
respect of a payment made by him on
account of the estate.
44. For the profits of immovable
property belonging to the plaintiff which
Three Years When the profits are received.
have been wrongfully received by the
defendant.
45. For arrears of rent Three Years When the arrears become due.
46. By a vendor of immovable property The time fixed for completing the sale,
for personal payment of unpaid or (where the title is accepted after the
Three Years
purchase- money. time fixed for completion) the date of
the acceptance.
The date fixed for the performance, or
47. For specific performance of a Three if no such date is fixed, when the
contract. Years. plaintiff has notice that performance is
refused.
48. For compensation for the breach of When the contract is broken or(where
any contract, express or implied not there are successive breached) when
herein specially provided for. Three Years the breach in respect of which the suit
is instituted occurs for (where the
breach is continuing) when it ceases.
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of
Description Of Suits Time From which period begins to run
Limitation
Suits Relating To Declarations.
1. To declare the forgery of an Three When the issue or registration becomes
instrument issued or registered. Years known to the plaintiff.
2. To obtain a declaration that an alleged When the alleged adoption becomes
Three
adoption is invalid, or never, in fact, took known to the plaintiff.
Years
place.
3. To obtained any other declaration Three When the right to sue first accrues.
Years
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of
Description Of Suits Time From which period begins to run
Limitation
Suits Relating To Decrees And Instruments.
When the facts entitling the plaintiff to
1. To cancel or set aside an instrument
have the instrument or decree
or decree or for the recission of a Three Years
canceled or set aside or the contract
contract
rescinded first become known to him
2. To set aside a transfer of property
made by the guardian of a ward-

(a) By the ward who has attained Three Years When the ward attains majority.
majority:

(b) By the ward's legal representative Three Years When the award attains majority.
(i) When the ward dies within three
years from the date of attaining
majority; Three Years When the ward dies.

(ii) When the ward dies before

attaining
majority
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of Time From which period begins to

Description Of Suits
Limitation run
Suits Relating To Immovable Property
1. By a mortgagor- When the right to redeem or to
(a) To redeem or recover possession Thirty Years recover possession accrues.
of immovable property mortgaged;

(b) To recover possession of immovable Twelve When the transfer becomes to

property mortgaged and afterwards Years known to the plaintiff.
transferred by the mortgagee for a
valuable consideration;
When the mortgagor re-enters on
(c) To recover surplus collection Three Years the mortgaged property.
received by the mortgagee after the
mortgage has been satisfied
2. To enforce payment of money secured When the money sued for becomes
Twelve
by a mortgage or otherwise charged due.
Years
upon immovable property.
3. By a mortgagee-
(a) For foreclosure Thirty Years When the money secured by the
mortgage becomes due.
(b) For possession of immovable vable
property mortgaged. Twelve When the mortgagee becomes
Years entitled to possession.
4. For possession of immovable property Twelve The date of dispossession.
based on previous possession and not Years
on title, when the plaintiff while in
possession of the property has been
dispossessed.
5. For possession of immovable property Twelve When the possession of the
or any interest herein based on title. Years defendant becomes adverse to the
Explanation -For the purposes of this plaintiff.
article -

(a) Where the suit is by a remainderman,

a reversioner(other than a landlord) or a
devisee, the possession of the defendant
shall be deemed to become adverse
only when the estate of the
remainderman, reversioner or devisee,
as the case may be, falls in 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 representative of
the judgment debtor who was out of
possession.
NOTE
Suit for recovery of possession of leased land- Whether barred by limitation - Tenant's plea of
adverse possession after expiry of lease - Not accepted - Land leased to defendant in 1935
by original owner - Defendant continuing after expiry of the lease - Land sole to plaintiff and
vendor issuing notice to defendant intimating him about the fact of the sale - In his reply in
1957 defendant for the first time denying his status as tenant and setting up title in himself by
stating that he has surrendered the land after expiry of the lease and thereafter re-entered
and continued in possession thereof in his own right - Suit for recovery of possession filed in
1962 - Fact of his re-entry and continuing in possession in his own right not accepted by trial
court as well as first appellate court - In the circumstances held, after the expiry of the lease,
further continuance was only permissive and will not give cause for prescribing title by
adverse possession - further, for the first time, while replying to the notice by the vendor of
the plaintiff, the defendant openly set up a hostile title and the suit having been filed within
five years therefrom was not barred by limitation Navanee thammal v. Arjuna Chetty, (1996) 6
SCC 166.
6. For possession of immovable property When the forfeiture is incurred or the
when the plaintiff has become entitled to Twelve condition is broken.
possession by reason of nay forfeiture or Years
breach of condition.
7. By a landlord to recover possession Twelve When the tenancy is determined.
from a tenant. Years
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of
Description Of Suits Time From which period begins to run
Limitation
Suits Relating To Movable Property
1. For specific movable property lost, or acquired by When the person having the right to the possession
theft, or dishonest misappropriation or conversion. Three Years of the property first learns in whose possession it
is.
2. For other specific movable property. Three Years When the property's wrongfully taken.
3. To recover movable property deposited or pawned
Three Years The date of refusal after demand
from a depository or pawnee
4. To recover movable property deposited or pawned, Three Years
and afterwards bought from the depository or pawnee When the sale become known to the plaintiff.
for a valuable consideration.
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of
Description Of Suits Time From which period begins to run
Limitation
Suits Relating To Tort
1. For compensation for doing or for
omitting to do an act alleged to be in
When the act or omission takes
pursuance of any enactment in force for One Years
place.
the time being in the territories to which
this Act extends.
2. For compensation imprisonment One Year When the imprisonment ends.
3. For compensation for a malicious When the plaintiff is acquitted or the
One Year
prosecution prosecution is otherwise terminated
4. For compensation for libel One Year When the libel is published.
When the words are spoken or, if the
words are not actionable in
5. For compensation for slender. One Year
themselves, when the special
damage complained of results.
6. for compensation for loss of service
occasioned by the seduction of the One Year When the loss occurs.
plaintiffs servant or daughter
7. For compensation for inducing a
person to break a contract with the One Year The date of the breach.
plaintiff.
8. For compensation for an illegal,
One Year The date of the distress.
irregular or excessive distress.
9. For compensation for wrongful seizure
One Year The date of the seizure.
of movable property under legal process.
10. By executors, administrators or
representatives under the Legal The date of the death of the person
One Year
Representatives Suits Act, 1855 (12 of wronged.
1855)
11. By executors, administrators or
representatives under the Indian Fatal Two Year The date of the death of person killed.
Accidents Act, 1855(13 of 1855)
12. Under the Legal Representatives
Suit Act, 1855(12 of 1855) against an When the wrong complained of is
Two Year
executor an administrator or any other done
representative.
13. Against one who, having a right to Two Years. When the perversion first becomes
use property for specific purposes, known to the person injured thereby.
perverts it to other purposes.
14.For compensation for obstructing a Three
The date of the obstruction.
way or a watercourse. Years
15. For compensation for diverting a Three The date of the diversion.
watercourse Years
16. For compensation for trespass upon Three The date of the trespass.
immovable property Years
17. For compensation for infringing Three
The date of the infringement.
copyright or any other exclusive privilege Years
18. To restrain waste. Three When the waste begins.
Years
19. For compensation for injury caused
by an injunction wrongfully obtained. for
compensation. Three When the person having the right to
Years the possession of the property first
(a) For wrongfully taking or detaining any learnst in whose possession it is.
specific movable property lost, or
acquired by theft or dishonest When the property is wrongfully taken
misapporiation or conversion. Three or injured, or when the detainer's
Years possession become unlawful
(b) For wrongfully taking or injuring or
wrongfully detaining any other specific
movable property.
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of
Description Of Suits Time From which period begins to run
Limitation
Suits Relating To Trust And Trust Property
1. To recover possession of
immovable property conveyed or
When the transfer becomes known to
bequeathed in trust and afterwards Twelve Years
the plaintiff.
transferred by the trustee for a
valuable consideration.
2. To recover possession of movable
property conveyed or bequeathed in
When the transfer becomes known to
trust and afterwards transferred by Three Years
the plaintiff.
the trustee for a valuable
consideration.
3. To set aside a transfer of
immovable property comprised in a
Hindu, Muslim or Buddhist religious or When the transfer becomes known to
Twelve Years
charitable endowment, made by a the plaintiff
manger thereof for a valuable
consideration
4. To set aside a transfer of movable
property comprised in a Hindu,
Muslim or Buddhist religious or When the transfer becomes know to
Three Years
charitable endowment, made by a the plaintiff.
manger thereof for a valuable
consideration.
5. By the manger of a Hindu, Muslim The date of death, resignation or
or Buddhist religious or charitable removal of the transferor or the date
endowment to recover possession of of appointment of the plaintiff as
movable or immovable property Twelve Years manger of the endowment, whichever
comprised in the endowment which is later.
has been transferred by a previous
manger for a valuable consideration.
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of
Description Of Suits Time From which period begins to run
Limitation
Suits Relating To Miscellaneous Matters
1. To enforce a right of preemption One Year When the purchaser takes under the
whether the right is founded on law or sale sought to be impeached, physical
general usage or on special contract. possession of 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
instrument of sale is registered.
2. By a person against whom [and order
referred to in rule 63 or in rule 103] of
order. XXI of the Code of Civil Procedure,
1908 (5 of 1908) or an order under
section 28 of the Presidency Small One Year The date of the final order.
Cause Courts Act, 1882(15 of 1882) has
been made, to establish the right which
he claims to the property comprised in
the order.
3. To set aside a sale by a civil or When the sale is confirmed or would
revenue court or a sale for arrears of otherwise have become final and
One Year
Government revenue or for any demand conclusive had no such suit been
recoverable as such arrears. brought,
4. To alter or set aside any decision or The date of the final decision or order
order of a civil court in any proceeding by the court or the date of the act or
other than a suit or any act or order of an One Year order of the officer as the case may
officer of Government in his official be.,
capacity.
5. Upon a judgment including a foreign Three The date of the judgment or
judgment, or a recognizance. Years recognizance.
6. For property which the plaintiff has When the plaintiff is restored to sanity
Three
conveyed while insane. and has knowledge of the
Years
conveyance.
7.To make good of the general estate of The date of the trustee's death or if
Three
a deceased trustee the loss occasioned the loss has not then resulted, the
Years
by a breach of trust date of the loss.
8. To establish a periodically recurring Three When the plaintiff is first refused the
right Years enjoyment of the right.
9. By a Hindu for arrears of maintenance. Three When the arrears are payable.
Years
10. For a legacy or for a share of a
residue bequeathed by a testator or for a
distributive share of the property of an
Twelve When the legacy or share becomes
intestate against an executor or an
Years payable or delivered.
administrator or some other person
legally charged with the duty of
distributing the estate.
10. For possession of hereditary office
Explanation - A hereditary office is
possessed when the properties thereof Twelve When the defendant takes possession
are usually received, or (if there are no Years of the office adversely to the plaintiff.
properties) when the duties thereof are
usually performed.
11. Suit during the life of a Hindu or
Muslim female by a Hindu or Muslim
who, if the female died at the date of
instituting the suit, would be entitled to Twelve
The date of the alienation.
the possession of land, to have an Years
alienation of such land made by the
female declared to be void expect for her
life or until her remarriage.
12. By a Hindu governed by Mitakshara
Twelve When the alienee takes possession of
law to set aside his father's alienation of
Years the property.
ancestral property.
13. By person excluded from a joint
Twelve When the exclusion becomes known
family property to enforce a right to share
Years to the plaintiff.
therein.
14. By or on behalf of any local authority
for possession of nay public street or
Thirty The date of the dispossession or
road or any part thereof from which it has
Years discontinuance.
been dispossessed or of which it has
discontinued the possession.
15. Any suit (except a suit before the
Supreme Court in the exercise of its
When the period of limitation would
original jurisdiction) by or on behalf of the Thirty Yea
begin to run under this Act against a
Central Government or any State rs
like suit by private person.
Government, including the Government
of the State of Jammu and Kashmir.
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of Time From which period begins to

Description Of Suits
Limitation run
Suits for which there is no prescribed period.
1. Any suit for which no period of
limitation is provided elsewhere in Three Years When the right to sue accrues.
this Schedule.
NOTE
Art.36 - THe expression "not herein specifically provided for" used in Art,36 not exhaustive
of all torts - Art 36 is not residuary article" The damages arising out of strict liability or duty
to take care or public law duty may not be strictly covered in these expressions. Jay Laxmi
Salt Works (P) Ltd. v/s State of Gujarat (1994) 4SCC 1: 1994 ACJ 902.
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of Time From which period begins to

Description Of Suits
Limitation run
SECOND DIVISION - APPEALS.
1. Under the Code of Civil Procedure,
1908 (5 of 1908) -
Ninety Days The date of the decree or order.
(a) To a High Court from nay
decree or order
 ORIGINAL SIDE JURISDICTION

LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of Time From which period begins to

Description Of Suits
Limitation run
THIRD DIVISION - APPLICATION
PART I - Applications in specified cases.
1. For leave to appear and defend
Ten Days When the summons is served.
a suit under summary procedure
2. Under the Arbitration Act,
1940(10 of 1940),-
(a) for the filing in court of an award The date of service of the notice of
the making of the award.
Thirty Days
(b) For setting aside an award or The date of service of the notice of
Thirty Days
getting the filing of the award.
an award remitted for
reconsideration
3. Under the Code of Civil
Procedure, 1908 (5 of 1908) to
The date of death of the plaintiff,
have the legal representative of a
Ninety Days appellant, defendant or respondent
deceased plaintiff or appellant or of
as the case may be.
a deceased defendant or
respondent made a party.
4. Under the same Code for an
Sixty Days The date of abatement.
order to set aside an abatement.
5. To restore a suit or appeal or
application for review or revision
dismissed for default of appearance
or for want of persecution or for Thirty Days The date of dismissal.
failure to pay costs of service of
process or to furnish security for
costs.
6. To set aside a decree passed ex
parte or to re-hear an appeal
decreed or heard exparte.
The date of the decree or where
Explanation :- For the purpose of
the summons or notice was not
this article, substituted service Thirty Days
duly served, when the applicant
under rule 20 of Order V of the
had knowledge of the decree.
Code of Civil Procedure , 1908 (5
of 1908) shall not be deemed to be
due service.
 NOTE

Application for setting aside a decree passed ex parte - When summons served, but not in
due time - Period of limitation would begins to run from the date of knowledge of the decree
- Suit posted for appearance on 29-5-1990 but summons served on appellant - university
on 28-5-1990 - There being no time much less sufficient time to reach the court for
appearance on 29-5-1990, suit adjourned to 19-7-1990 but date not communicated to
appellant an envisaged in Order 9, Rule 6(c) of Civil Procedure Code - Held Summons was
not "duly served" and the period of limitation began to run only when appellant had
knowledge of the ex parte decree- Since the application for setting aside the ex parte
decree was made within 30 days from the date of knowledge of the decree, it was not
barred by limitation. Gauhati University v/s Niharlal Bhattacharjee (1995) 6 SSC 731.
7. For a review of judgment by a
court other than the Supreme Thirty Days The date of the decree or order.
Court,
8. To record an adjustment or When the payment or adjustment
Thirty Days
satisfaction of a decree is made.
9. For the payment of the amount
Thirty Days The date of the decree.
of a decree by installments
10. To set aside a sale in execution
of a decree, including any such Sixty Days The date of the sale
application by a judgment debtor
11. For possession by on
dispossessed of immovable
property and disputing the right of Thirty Days The date of the dispossession.
the decree holder or purchaser at a
sale in execution of decree.
12. For possession after removing
resistance or obstruction to delivery
The date of resistance or
of possession of immovable Thirty Days
obstruction
property decreed or sold in
execution of a decree.
13. For leave to appeal as a pauper
- Sixty Days The date of decree appealed from.
(a) to the High Court; Thirty Days The date of decree appealed from
(b) to any other court.
14. To any court for the exercise of
its powers of revision under the
The date of the decree or order or
Code of Civil Procedure, 1908 (5 of Ninety Days
sentence sought to be revised.
1908), or the Code of Criminal
Procedure, 1898 (5 of 1898)
15. To the High Court for certificate
The date of the decree, order or
of fitness to appeal to the Supreme Sixty Days
sentence.
Court under clause (1) of article
132, article 133 or sub-clause (c) of
clause (1) of article 134 of the
Constitution or under any other law
for the time being in force.
16. To the Supreme Court for
special leave to appeal.-
(a) In a case involving death
sentence;
(b) in a case where leave to
appeal was
refused by the High Court;
(c) in any other case
17. For delivery of possession by a
purchaser of immovable property at
a sale in execution of a decree
18. For the enforcement of decree
granting a mandatory injunction
19. For the execution of any decree
(other than a decree granting a
mandatory injunction) or order of
any civil court
Sixty Days The date of the judgment, final
order or sentence.
Sixty Days
The date of the order of refusal.
Ninety Days
The date of the judgment or order.
One Year When the sale becomes absolute.
The date of the decree or where a
Three Years date is fixed for performance, such
date
[When] the decree or order
becomes enforceable or where the
decree or any subsequent order
directs to any payment of money or
the delivery of any property to be
made at a certain date or at
recurring periods, When default in
Twelve Years
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.
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LIMITATIONS IN THE CATEGORY OF THE CASES PERTAINS TO ORIGINAL SIDE

JURISDICTION

Period Of Time From which period begins to

Description Of Suits
Limitation run
OTHER APPLICATIONS
1. Any other application for which no
period of limitation is provided Three Years When the right to apply accrues.
elsewhere in this division