Articles 31 to 41 give three years for suits on bills of exchange and promissory notes. The period starts when the instrument falls due (Article 31), is presented (Articles 32 and 33), when a fixed time after sight or demand expires (Article 34), on the date of the instrument if it is payable on...
Read Complete Guide →Leave to appeal as a pauper (Article 130) has sixty days to the High Court and thirty days to any other court, from the date of the decree appealed from. Revision (Article 131) has ninety days from the date of the decree, order or sentence. A High Court certificate of fitness (Article 132) has...
A purchaser at an execution sale has one year from when the sale becomes absolute to ask for delivery of possession (Article 134). Enforcing a decree for a mandatory injunction has three years from the date of the decree, or the date fixed for performance (Article 135). Executing any other decree...
The Act is called the Limitation Act, 1963. As printed, it extends to the whole of India except the State of Jammu and Kashmir and came into force on 1 January 1964 by notification. Section 2 widens words like "plaintiff", "defendant" and "applicant" to include people who claim through others, and...
Under section 3(1), 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. The rule is subject to sections 4 to 24. Section 3(2) says when a suit is "instituted" and treats a set off or...
Section 5 says an appeal or application "may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause" for not filing in time. It is not available for suits, and it excludes applications under Order XXI of the Code of Civil...
If a person entitled to sue or to apply for execution of a decree is, at the time from which the period is to be reckoned, a minor or under another listed disability, the person may sue or apply within the same period after the disability has ceased. Where the disability lasts until death, the...
If one of several joint holders of a right is under a disability, time runs against all of them if a discharge can be given without that person's concurrence; if it cannot, time does not run against any of them until one can give the discharge or the disability ceases. Section 8 excludes...
Section 10 starts with "Notwithstanding anything contained in the foregoing provisions of this Act". A suit against a person in whom property has become vested in trust for a specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), to follow...
Under section 11(1), suits instituted in the territories to which the Act extends on contracts made in a foreign country (and, as printed, in the State of Jammu and Kashmir) are subject to the rules of limitation in this Act. Under section 11(2), a foreign rule of limitation is a defence only if...
From the first step to full compliance, get professional assistance from the TaxClue team — matched to your exact Legal requirement.
Talk to a Legal Expert →