SCHEDULE – LIMITATION ACT, 1963

PART I – SUITS RELATING TO ACCOUNTS

1.

For the balance due on a mutual, open and current account, where there have been recipro­cal demands between the par­ties.

Three years

The close of the year in which the last item admitted or proved is entered in the account; such year to be computed as in the account.

2.

Against a factor for an account

Three years

When the account is, during the continuance of the agency, demand­ed and refused or, where no such demand is made, when the agency terminates.

3.

By a principal against his agent for movable property received by the latter and not accounted for.

Three years

When the account is, during the continuance of the agency, demand­ed and refused or, where no such de­mand is made, when the agency terminates.

4.

Other suits by principals against agents for neglect or misconduct.

Three years

When the neglect or misconduct becomes known to the plaintiff.

5.

For an account and a share of the profits of a dissolved partnership.

Three years

The date of the dissolution.

PART II – SUITS RELATING TO CONTRACTS

6.

For a seaman’s wages.

Three years

The end of the voyage during which the wages are earned.

7.

For wages in the case of any other person

Three years

When the wages accrue due.

8.

For the price of food or drink sold by the keeper of a hotel, tavern or lodging house.

Three years

When the food or drink is delivered.

9.

For the price of lodging.

Three years

When the price be­comes payable.

10.

Against a carrier for compensa­tion for losing or injuring goods

Three years

11

Against a carrier for compensa­tion for non-delivery of, or delay in delivering, goods.

Three years

When the goods ought to be delivered.

12

For the hire of animals, vehi­cles, boats or household furni­ture.

Three years

When the hire be­comes payable.

13

For the balance of money ad­vanced in payment of goods to be delivered.

Three years

When the goods ought to be delivered.

14

For the price of goods sold and delivered where no fixed period of credit is agreed upon.

Three years

The date of the deliv­ery of the goods.

15.

For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit.

Three years

When the period of credit expires.

16.

For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given.

Three years

When the period of the proposed bill elapses.

17.

For the price of trees or grow­ing crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon.

Three years

The date of the sale.

18.

For the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment.

Three years

When the work is done.

19.

For money payable for money lent.

Three years

When the loan is made

20.

Like suit when the lender has given a cheque for the money.

Three years

When the cheque is paid.

21.

For money lent under an agree­ment that it shall be payable on demand.

Three years

When the loan is made.

22.

For money deposited under an agreement that it shall be payable on demand, including money of a   customer in the hands of his banker so payable.

Three years

When the demand is made.

23.

For money payable to the plain­tiff for money paid for the defendant.

Three years

When the money is paid

24.

For money payable by the de­fendant to the plaintiff for money received by the defen­dant, for the plaintiff’s use.

Three years

When the money is re­ceived.

25.

For money payable for interest upon money due from the defendant to the plaintiff.

Three years

When the interest be­comes due.

26.

For money payable to the plain­tiff for money found to be due from the defendant to the plain­tiff on accounts stated between them.

Three years

When the accounts are stated in writing signed by the defendant or his agent duly authorised in this behalf, unless where the debt is, by a simultaneous agree­ment in writing signed as aforesaid, made pay­able at a future time, and then when that time arrives.

27.

For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified con­tingency.

Three years

When the time. speci­fied arrives or the contingency happens.

28.

On a single bond, where a day is specified for payment.

Three years

The day so specified.

29.

On a single bond, where no such day is specified.

Three years

The date of executing the bond.

30.

On a bond subject to a condition

Three years

When the condition is broken.

31.

On a bill of exchange or promis­sory note payable at a fixed time after date.

Three years

When the bill or note falls due.

32.

On a bill of exchange payable at sight, or after sight, but not at a fixed time.

Three years

When the bill is present­ed.

33.

On a bill of exchange accepted payable at a particular place.

Three years

When the bill is present­ed at that place.

34.

On a bill of exchange or promis­sory note payable at a fixed time after sight or after demand

Three years

When the fixed time expires.

35.

On a bill of exchange or promis­sory note payable on demand and not accompanied by any writing restraining or postpon­ing the right to sue.

Three years

The date of the bill or note.

36.

On a promissory note or bond payable by instalments

Three years

The expiration of the first term of payment as to the part then pay­able ; and for the other parts, the expiration of the respective terms of payment.

37.

On a promissory note or bond payable by instalments, which provides that, if default be made in payment of one or more instalments, the whole shall be due.

Three years

When the default is made, unless where the payee or obligee waives the benefit of the provi­sion and then when fresh default is made in respect of which there is no such waiver.

38.

On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen.

Three years

The date of the delivery to the payee.

39.

On a dishonoured foreign bill where protest has been made and notice given.

Three years

When the notice is given.

40.

By the payee against the drawer of a bill of exchange, which has been dishonoured by non-accep­tance.

Three years

The date of the refusal to accept.

41.

By the acceptor of an accommo­dation-bill against the drawer.

Three years

When the acceptor pays the amount of the bill.

42.

By a surety against the principal debtor.

Three years

When the surety pays the creditor.

43.

By a surety against a co-surety.

Three years

When the surety pays anything in excess of his own share.

44.

(a) On a policy of insurance when the sum insured is payable after proof of the death has been given to or received by the insurers.

Three years

(b) On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers.

Three years

The date of the occur­rence causing the loss, or where the claim on the policy is denied, either partly or wholly, the date of such denial.

45.

By the assured to recover premia paid under a policy voidable at the election of the insurers.

Three years

When the insurers elect to avoid the policy.

46.

Under the Indian Succession Act, 1925 (39 of 1925), section 360 or section 361, to compel a refund by a person to whom an execu­tor or administrator has paid a legacy or distributed assets.

Three years

The date of the payment or distribution.

47.

For money paid upon an existing consideration which afterwards fails.

Three years

The date of the failure.

48.

For contribution by a party who has paid the whole or more than his share of the amount due under a joint 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.

Three years

The date of the pay­ment in excess of the plaintiff’s own share.

49.

By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution.

Three years

When the right to con­tribution accrues.

50.

By the manager of a joint estate of an undivided family for con­tribution, in respect of a pay­ment made by him on account of the estate.

Three years

The date of the payment.

51.

For the profits of immovable property belonging to the plain­tiff which have been wrongfully received by the defendant.

Three years

When the profits are re­ceived.

52.

For arrears of rent.

Three years

When the arrears be­come due.

53.

By a vendor of immovable pro­perty for personal payment of unpaid purchase-money.

Three years

The time fixed for com­pleting the sale, or (where the title is accepted after the time fixed for completion) the date of the accep­tance.

54.

For specific performance of a contract.

Three years

The date fixed for the performance, or, if no such  date is fixed, when the plaintiff has noticed   that perfor­mance is refused.

55.

For compensation for the breach of any contract, express or implied not herein specially provided for

Three years

When the contract is broken or (where there are successive. breaches) when the breach in 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 an instrument issued or regtered

Three years

When the issue or regisistration becomes. known to the plaintiff.

57.

To obtain a declaration that an alleged adoption is invalid, or never, in fact, took place.

Three years

When the alleged adop­tion becomes known to the plaintiff.

58.

To obtain any other declaration.

Three years

When the right to sue first accrues.

PART IV – SUITS RELATING TO DECREES AND INSTRUMENTS

59.

To cancel or set aside an instru­ment or decree or for the rescis­sion of a contract.

Three years

When the facts enti­tling the plaintiff to have the instrument or decree cancelled or set aside or the con­tract rescinded first become known to him.

60.

To set aside a transfer of proper­ty made by the guardian of a ward—

(a) by the ward who has attained majority

Three years

When the ward attains majority.

(b) by the ward’s legal repre­sentative—

(i) When the ward dies within three years from the date of attaining majority;

Three years

When the ward attains majority.

(ii) When the ward dies before attaining majo­rity.

Three years

When the ward dies.

PART V – SUITS RELATING TO IMMOVABLE PROPERTY

61.

By a mortgagor—

(a) to redeem or recover possession of immovable property mortgaged;

Thirty years

When the right to re­deem or to recover possession accrues.

(b) to recover possession of immovable property mort­gaged and afterwards transferred by the mort­gagee for a valuable consideration ;

Twelve years

When the transfer becomes known to the plaintiff,

(c) to recover surplus collec­tions received by the mort­gagee after the mortgagee has been satisfied.

Three years

When the mortgagor re-enters on the mort­gaged property.

62.

To enforce payment of money secured by a mortgagee or otherwise charged upon immov­able property.

Twelve years

When the money sued for becomes due.

63.

By a mortgagee—

(a) for foreclosure,

Thirty years

When the money secured by the mort­gagee becomes due.

(b) for possession of immov­able property mortgaged.

Twelve years

When the mortgagee becomes entitled to possession.

64.

For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispos­sessed.

Twelve years

The date of disposses­sion.

65.

For possession of immovable property or any interest therein based on title.

Twelve years

When the possession of the defendant becomes adverse to the plaintiff.

Explanation : For the purposes of this article —

(a) where the suit is by a remainderman, a reversion-er (otherthan 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 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 immovable property when the plaintiff has become entitled to possession by reason of any forfeiture or breach of condition.

Twelve years

When the forfeiture is incurred or the condi­tion is broken.

67

By a landlord to recover posses­sion from a tenant

Twelve years

When the tenancy is determined.

PART VI – SUITS RELATING TO MOVABLE PROPERTY

68.

For specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion.

Three years

When the person hav­ing the right to the possession of the prop­erty first learns in whose possession it is.

69.

For other specific movable property.

Three years

When the property is wrongfully taken.

70.

To recover movable property deposited or pawned from a depository or pawnee

Three years

The date of refusal after demand.

71.

To recover movable property deposited or pawned, and afterwards bought from the depository or pawnee for a valuable ;consideration.

Three years

When the sale becomes known to the plaintiff.

PART VII – SUITS RELATING TO TORT

72.

For compensation for doing or for omitting to do an act alleged to be in pursuance of any enact­ment in force for the time being in the territories to which this Act extends.

One year

When the act or omis­sion takes place.

73.

For compensation for false imprisonment.

One year

When the imprison­ment ends.

74.

For compensation for a malicious prosecution

One year

When the plaintiff is acquitted or the prose­cution is otherwise ter­minated.

75.

For compensation for libel

One year

When the libel is pub­lished.

76.

For compensation for slander

One year

When the words are spoken or, if the words are not actionable in themselves, when the special damage com­plained of results.

77.

For compensation for loss of service occasioned by the seduction of the plaintiff’s servant or daughter.

One year

When the loss occurs.

78.

For compensation for inducing a person to break a contract with the plaintiff.

One year

The date of the breach.

79.

For compensation for an illegal, irregular or excessive distress.

One year

The date of the distress.

80.

For compensation for wrongful seizure of movable property under legal process.

One year

The date of the seizure.

81.

By executors, administrators or representatives under the Legal Representatives’ Suits Act, 1855 (12 of 1855).

One year

The date of the death of the person wronged.

82.

By executors, administrators or representatives under the Indian Fatal Accidents Act, 1855 (13 of 1855).

Two years

The date of the death of the person killed.

83.

Under the Legal Representatives’ Suits Act, 1855 (12 of 1855) against an executor, an administrator or any other representative.

Two years

When the wrong com­plained of is done.

84.

Against one who, having a right to use property for specific pur­poses, perverts it to other pur­poses.

Two years

When the perversion first becomes known to the person injured thereby.

85.

For compensation for obstructing a way or a water course.

Three years

The date of the obstruc­tion.

86.

For compensation for diverting a water course.

Three years

The date of the diversion.

87.

For compensation for trespass upon immovable property.

Three years

The date of the trespass

88.

For compensation for infring­ing copyright or any other exclusive privilege.

Three years

The date of the infringement.

89.

To restrain waste.

Three years

When the waste begins.

90.

For compensation for injury caused by an injunction wrong­fully obtained.

Three years

When the injunction ceases.

91.

For compensation,—

(a) for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dis­honest mis-appropriation or conversion ;

Three years

When the person hav­ing the right to the possession of the pro­perty first learns in whose possession it is.

(b) for wrongfully taking or inj uring or wrongfully detain­ing any other specific mov­able property.

Three years

When the property is wrongfully taken or injured, or when the detainer’s possession becomes unlawful.

PART VIII – SUITS RELATING TO TRUSTS AND TRUST PROPERTY

92.

To recover possession of im­movable property conveyed or bequeathed in trust and after­wards transferred by the trus­tee for a valuable consideration.

Three years

When the transfer be­comes known to the plaintiff.

93.

To recover possession of mov­able property conveyed or bequeathed in trust and after­wards transferred by the trustee for a valuable consideration.

Three years

When the transfer be­comes known to the plaintiff.

94.

To set aside a transfer of immov­able property comprised in a Hindu, Muslim or Buddhist reli­gious or charitable endowment, made by a manager thereof for a valuable consideration.

Twelve years

When the transfer be­comes known to the plaintiff.

95.

To set aside a transfer of mov­able property comprised in a Hindu, Muslim or Buddhist reli­gious or charitable endowment, made by a manager thereof for a valuable consideration.

Three years

When the transfer be­comes known to the plaintiff.

96.

By the manager of a Hindu, Muslim or Buddhist religious or charitable endowment to re­cover possession of movable or immovable property comprised in the endowment which has been transferred by a previous manager for a valuable consid­eration.

Twelve years

The date of death, resig­nation or removal of the transferor or the date of appointment of the plaintiff as manager of the endowment, which­ever is later.

PART IX – SUITS RELATING TO MISCELLANEOUS MATTERS

97.

To enforce a right of pre-emption whether the right is founded on law or general usage or on special contract.

One year

When the purchaser takes under the sale sought to be impeached, physical 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.

98.

By a person against whom an order under rule 63 or 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 Cause Courts Act, 1882 (15 of 1882), has been made, to establish the right which he claims to the property comprised in the order.

One year

The date of the final order.

99.

To set aside a sale by a civil or revenue court or a sale for arrears of Government revenue or for any demand recoverable as such arrears.

One year

When the sale is con­firmed or would other­wise have become final and conclusive had no such suit been brought.

100.

To alter or set aside any decision or order of a civil court in any proceeding other than a suit or any act or order of an officer of Government in his official capacity.

One year

The date of the final decision or order by the court or the date of the act or order of the officer, as the case may be.

101.

Upon a judgment, including a foreign judgment, or a recog­nisance.

Three years

The date of the judg­ment or recognisance.

102.

For property which the plaintiff has conveyed while insane

Three years

When the plaintiff is restored to sanity and has knowledge of the conveyance.

103.

To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust.

Three years

The date of the trustee’s death or if the loss has not then resulted, the date of the loss.

104.

To establish a periodically re­curring right.

Three years

When the plaintiff is first refused the enjoy­ment of the right.

105.

By a Hindu for arrears of main­tenance.

Three years

When the arrears are payable.

106.

For a legacy or for a share of a residue bequeathed by a testa­tor or for a distributive share of the property of an intestate against an executor or an administrator or some other person legally charged with the duty of distributing the estate.

Twelve years

When the legacy or share becomes payable or deliverable.

107.

For possession of a hereditary office.

Twelve years

When the defendant takes possession of the office adversely to the plantiff.

Explanation: A 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 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 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.

Twelve years

The date of the alien­ation.

109.

By a Hindu governed by Mitakshara law to set aside his father’s alienation of ancestral property.

Twelve years

When the alienee takes possession of the prop­erty.

110.

By a person excluded from a joint family property to enforce a right to share therein.

Twelve years

When the exclusion be­comes known to the plaintiff.

111.

By or on behalf of any local au­thority for possession of any pub­lic street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession.

Thirty years

The date of the dispossession or dis­continuance.

112.

Any suit (except a suit before the Supreme Court in the exercise of its original jurisdic­tion) by or on behalf of the Central Government or any State Government, including the Government of the State of Jammu and Kashmir.

Thirty years

When the period of limi­tation would begin to run under this Act against a like suit by a private person.

PART X – SUITS FOR WHICH THERE IS NO PRESCRIBED PERIOD

113.

Any suit for which no period limitation is provided elsewherof in this Schedule.

Three years

When the right to sue accrues.

SECOND DIVISION – APPEALS

Description of appeal

Period of limitation

Time from which period begins to run

114.

(a) under sub-section (1) or sub-section (2) of section 417 of the Code of Criminal Procedure, 1898(5 of 1898);

Ninety days

The date of the order appealed from.

(b) under sub-section (3) of section 417 of that Code.

Thirty days

The date of the grant of special leave.

115.

Under the Code of Criminal Pro­cedure, 1898 (5 of 1898)—

(a) from a sentence of death passed by a court of session or by a High Court in the exercise of its original crimi­nal jurisdiction;

Thirty days

The date of the sen­tence.

(b) from any other sentence or any order not being an order of acquittal—

(i) to the High Court;

Sixty days

The date of the sentence or order.

(ii) to any other Court.

Thirty days

The date of the sentence or order.

116.

Under the Code of Civil Proce­dure, 1908 (5 of 1908)—

(a) to a High Court from any decree or order;

Ninety days

The date of the decree or order

(b) to any other court from any decree or order.

Thirty days

The date of the decree or order.

117.

From a decree or order of any High Court to the same Court.

Thirty days

The date of the decree or order.

THIRD DIVISION – APPLICATIONS

Description of application

Period of limitation

Time from which period begins to run

PART I – APPLICATIONS IN SPECIFIED CASES

118.

For leave to appear and defend Ten days a suit under summary proce­dure.

Ten days

When the summons is served.

119.

Under the Arbitration Act, 1940 (10 of l940)—

(a) for the filing in court of an award;

Thirty days

The date of service of the notice of the mak­ing of the award.

(b) for setting aside an award or getting an award remit­ted for reconsideration.

Thirty days

The date of service of the notice of the filing of the award.

120.

Under the Code of Civil Proce­dure, 1908 (5 of 1908), to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respon­dent, made a party.

Ninety days

The date of death of the plaintiff, appellant, defendant or respon­dent as the case may be.

121.

Under the same Code for an order to set aside an abatement.

Sixty days

The date of abatement.

122.

To restore a suit or appeal or 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.

Thirty days

The date of dismissal.

123.

To set aside a decree passed ex parte or to re-hear an appeal decreed or heard ex parte.

Thirty days

The date of the decree or where the summons or notice was not duly served, when the appli­cant had knowledge of the decree.

Explanation: For the purpose of this article, substituted service under rule 20 of Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not be deemed to be due service.

124.

For a review of judgment by a court other than the Supreme Court.

Thirty days

The date of the decree or order.

125.

To record an adjustment or satis­faction of a decree.

Thirty days

When the payment or adjustment is made.

126.

For the payment of the amount of a decree by instalments.

Thirty days

The date of the decree.

127.

To set aside a sale in execution of a decree, including any such appli­cation by a judgment-debtor.

[Sixty] days

The date of the sale.

128.

For possession by one dispos­sessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree.

Thirty days

The date of the dispossession.

129.

For possession after removing resistance or obstruction to de­livery of possession of immov­able property decreed or sold in execution of a decree.

Thirty days

The date of resistance or obstruction.

130.

For leave to appeal as a pauper—

(a) to the High Court;

Sixty days

The date of decree appealed from.

(b) to any other Court.

Thirty days

The date of decree appealed from.

131.

To any court for the exercise of its powers of revision under the Code of Civil Procedure, 1908 (5 of 1908), or the Code of Criminal Procedure, 1898 (5 of 1898).

Ninety days

The date of the decree or order or sentence sought to be revised.

132.

To the High Court for a certificate of fitness to appeal to the Supreme 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.

Sixty days

The date of the decree, order or sentence.

133.

To the Supreme Court for spe­cial leave to appeal—

(a) in a case involving death Sixty days sentence;

Sixty days

The date of the judg­ment, final order or sentence.

(b) in a case where leave to appeal was refused by the High Court ;

Sixty days

The date of the order of refusal

(c) in any other case.

Ninety days

The date of the judg­ment or order.

134.

For delivery of possession by a purchaser of immovable property at a sale in execution of a decree.

One year

When the sale becomes absolute.

135.

For the enforcement of a decree granting a mandatory injunction

Three years

The date of the decree or where a date is fixed, for performance, such date.

136.

For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court.

Twelve years

When the decree or order becomes enforceable or where the decree or any subse­quent order directs any payment of money or the delivery of any pro­perty to be made at a certain date or at re­curring periods, when default, in making the payment or delivery in respect of which exe­cution is sought, takes 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 which no period of limitation is provided elsewhere in this divi­sion.

Three years

When the right to apply accrues.