The Limitation Act, 1963

The Limitation Act, 1963

1. Short title, extent and commencement.—

(1) This Act may be called the Limitation Act, 1963.
(2) It extends to the whole of India except, the State of Jammu and Kashmir.
(3) It shall come into force on such date1 as the Central Government may, by notification
in the Official Gazette, appoint.
2. Definitions.—In this Act, unless the context otherwise requires,—
(a) “applicant” includes—
(i) a petitioner;
(ii) any person from or through whom an applicant derives his right to apply;
(iii) any person whose estate is represented by the applicant as executor, administrator or
other representative;
(b) “application” includes a petition;
(c) “bill of exchange” includes a hundi and a cheque;
(d) “bond “ includes any instrument whereby a person obliges himself to pay money to
another, on condition that the obligation shall be void if a specified act is performed, or is
not performed, as the case may be;
(e) “defendant” includes—
(i) any person from or through whom a defendant derives his liability to be sued;
(ii) any person whose estate is represented by the defendant as executor, administrator or
other representative;
(f) “easement” includes a right not arising from contract, by which one person is entitled
to remove and appropriate for his own profit any part of the soil belonging to another or
anything growing in, or attached to, or subsisting upon, the land of another;
(g) “foreign country” means any country other than India;
(h) “good faith”— nothing shall be deemed to be done in good faith which is not done
with due care and attention;
(i) “plaintiff” includes—
(i) any person from or through whom a plaintiff derives his right to sue;
(ii) any person whose estate is represented by the plaintiff as executor, administrator or
other representative;
(j) “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;
(k) “promissory note” means any instrument whereby the maker engages absolutely to
pay a specified sum of money to another at a time therein limited, or on demand, or at
sight;
(l) “suit” does not include an appeal or an application;
(m) “tort” means a civil wrong which is not exclusively the breach of a contract or the
breach of a trust;
(n) “trustee” does not include a benamidar, a mortgagee remaining in possession after the
mortgage has been satisfied or a person in a wrongful possession without title.
3. Bar of limitation.—
(1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit
instituted, appeal preferred, and application made after the prescribed period shall be
dismissed, although limitation has not been set up as a defence.
(2) For the purposes of this Act— (2) For the purposes of this Act—"
(a) a suit is instituted— (a) a suit is instituted—"
(i) in an ordinary case, when the plaint is presented to the proper officer; (i) in an ordinary
case, when the plaint is presented to the proper officer;"
(ii) in the case of a pauper, when his application for leave to sue as a pauper is made; and
(ii) in the case of a pauper, when his application for leave to sue as a pauper is made; and"
(iii) in the case of a claim against a company which is being wound up by the court, when
the claimant first sends in his claim to the official liquidator; (iii) in the case of a claim
against a company which is being wound up by the court, when the claimant first sends in
his claim to the official liquidator;"
(b) any claim by way of a set off or a counter claim, shall be treated as a separate suit and
shall be deemed to have been instituted— (b) any claim by way of a set off or a counter
claim, shall be treated as a separate suit and shall be deemed to have been instituted—"
(i) in the case of a set off, on the same date as the suit in which the set off is pleaded; (i)
in the case of a set off, on the same date as the suit in which the set off is pleaded;"
(ii) in the case of a counter claim, on the date on which the counter claim is made in
court; (ii) in the case of a counter claim, on the date on which the counter claim is made
in court;"
(c) an application by notice of motion in a High Court is made when the application is
presented to the proper officer of that court.
4. Expiry of prescribed period when court is closed.—Where the prescribed period for
any suit, appeal or application expires on a day when the court is closed, the suit, appeal
or application may be instituted, preferred or made on the day when the court reopens.
Explanation.— A court shall be deemed to be closed on any day within the meaning of
this section if during any part of its normal working hours it remains closed on that day.
5 Extension of prescribed period in certain cases. —Any appeal or any application, other
than an application under any of the provisions of Order XXI of the Code of Civil
Procedure, 1908 (5 of 1908), may be admitted after the prescribed period, if the appellant
or the applicant satisfies the court that he had sufficient cause for not preferring the
appeal or making the application within such period. Explanation.— The fact that the
appellant or the applicant was misled by any order, practice or judgment of the High
Court in ascertaining or computing the prescribed period may be sufficient cause within
the meaning of this section.
6. Legal disability.—
(1) Where a person entitled to institute a suit or make an application for the execution of a
decree is, at the time from which the prescribed period is to be reckoned, a minor or
insane, or an idiot, he may institute the suit or make the application within the same
period after the disability has ceased, as would otherwise have been allowed from the
time specified therefor in the third column of the Schedule.
(2) Where such person is, at the time from which the prescribed period is to be reckoned,
affected by two such disabilities, or where, before his disability has ceased, he is affected
by another disability, he may institute the suit or make the application within the same
period after both disabilities have ceased, as would otherwise have been allowed from the
time so specified.
(3) Where the disability continues up to the death of that person, his legal representative
may institute the suit or make the application within the same period after the death, as
would otherwise have been allowed from the time so specified.
(4) Where the legal representative referred to in sub-section (3) is, at the date of the death
of the person whom he represents, affected by any such disability, the rules contained in
sub-sections (1) and (2) shall apply.
(5) Where a person under disability dies after the disability ceases but within the period
allowed to him under this section, his legal representative may institute the suit or make
the application within the same period after the death, as would otherwise have been
available to that person had he not died. Explanation.—For the purposes of this section,
‘minor’ includes a child in the womb.
7. Disability of one of several persons.—Where one of several persons jointly entitled to
institute a suit or make an application for the execution of a decree is under any such
disability, and a discharge can be given without the concurrence of such person, time will
run against them all; but, where no such discharge can be given, time will not run as
against any of them until one of them becomes capable of giving such discharge without
the concurrence of the others or until the disability has ceased. Explanation I.— This
section applies to a discharge from every kind of liability, including a liability in respect
of any immovable property. Explanation II.— For the purposes of this section, the
manager of a Hindu undivided family governed by the Mitakshara law shall be deemed to
be capable of giving a discharge without the concurrence of the other members of the
family only if he is in management of the joint family property.