SCHEDULE
PERIODS OF LIMITATION
[See sections 2(j) and 3]
FIRST DIVISION SUITS
|
|
Description of suits
|
Period of
limitation
|
Time from which
period
begins to run
| |
|
PART I - SUITS RELATING TO ACCOUNTS
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|
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
|
When
the loss or injury
occurs.
| |
|
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
|
The
date of the death of
the deceased, or where
the claim on the policy
is denied, either partly
or wholly, the date of
such denial.
| |
|
|
(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
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|
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
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|
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.
|
Appeal from an order
of acquittal—
|
|
| |
|
|
(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.
| |
|
|
|
|
|
|