Table of Contents
Before initiating any legal proceeding—be it an application, appeal, or suit—it is imperative to first assess whether the action is within the prescribed period of limitation. The law does not entertain stale claims, and courts are bound to reject matters filed beyond the limitation period unless the delay is properly explained and condoned.
The Limitation Act, 1963 lays down specific time limits within which different types of legal actions must be filed. These timelines vary depending on the nature of the claim—for example, 3 years for a civil suit based on a contract, 90 days for an appeal from a decree, or 30 days for many applications.
Failure to observe these time limits can result in the claim being declared time-barred, irrespective of the strength or merit of the case. Even a just cause may go unheard if not presented within the legally allowed time.
Therefore, limitation should be the first legal checkpoint before drafting or filing any matter before a court or tribunal. A preliminary analysis of the limitation period not only ensures procedural compliance but also protects the litigant from unnecessary dismissal on technical grounds.
Scheduled to the Limitation Act provides a comprehensive schedule from which limitation period can be checked and referred.
FIRST DIVISION — SUITS (Article 1 to 113)
PART I. — SUITS RELATING TO ACCOUNTS (Article 1 to 5)
| Schedule Sr. No. (Article) | Table Sr. No. | Description of Suit | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 1 | 1 | For the balance due on a mutual, open and current account | 3 years | The close of the year in which the last item admitted or proved is entered in the account |
| 2 | 2 | Against a factor for an account | 3 years | When the account is demanded and refused or when the agency terminates |
| 3 | 3 | By a principal against his agent for movable property received and not accounted for | 3 years | When the account is demanded and refused or when the agency terminates |
| 4 | 4 | Other suits by principals against agents for neglect or misconduct | 3 years | When the neglect or misconduct becomes known to the plaintiff |
| 5 | 5 | For an account and a share of the profits of a dissolved partnership | 3 years | The date of the dissolution |
PART II. — SUITS RELATING TO CONTRACTS (Article 6 to 55)
| Schedule Sr. No. (Article) | Internal Sr. No. | Description of Suit | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 6 | 1 | For a seaman’s wages | 3 years | The end of the voyage |
| 7 | 2 | For wages of any other person | 3 years | When the wages accrue due |
| 8 | 3 | For price of food or drink sold by keeper of hotel/tavern | 3 years | When the food or drink is delivered |
| 9 | 4 | For price of lodging | 3 years | When the price becomes payable |
| 10 | 5 | Against a carrier for loss or injury of goods | 3 years | When the loss or injury occurs |
| 11 | 6 | Against a carrier for non-delivery or delay | 3 years | When the goods ought to be delivered |
| 12 | 7 | For hire of animals/vehicles/furniture | 3 years | When the hire becomes payable |
| 13 | 8 | For money advanced for goods to be delivered | 3 years | When the goods ought to be delivered |
| 14 | 9 | For price of goods sold without credit | 3 years | The date of delivery |
| 15 | 10 | For price of goods sold with fixed credit | 3 years | When the period of credit expires |
| 16 | 11 | For price of goods by bill of exchange not given | 3 years | When the bill period lapses |
| 17 | 12 | For price of trees/crops sold without credit | 3 years | The date of the sale |
| 18 | 13 | For price of work done at request, no time fixed | 3 years | When the work is done |
| 19 | 14 | For money lent | 3 years | When the loan is made |
| 20 | 15 | For money lent via cheque | 3 years | When the cheque is paid |
| 21 | 16 | For money lent payable on demand | 3 years | When the loan is made |
| 22 | 17 | For money deposited payable on demand | 3 years | When the demand is made |
| 23 | 18 | For money paid for defendant | 3 years | When the money is paid |
| 24 | 19 | For money received by defendant for plaintiff | 3 years | When the money is received |
| 25 | 20 | For interest payable | 3 years | When the interest becomes due |
| 26 | 21 | For money due on accounts stated in writing | 3 years | When accounts are signed or fixed future time arrives |
| 27 | 22 | For compensation for breach of promise | 3 years | When time specified arrives or contingency happens |
| 28 | 23 | On a single bond with day specified | 3 years | The day so specified |
| 29 | 24 | On a single bond without day specified | 3 years | Date of executing the bond |
| 30 | 25 | On bond subject to a condition | 3 years | When condition is broken |
| 31 | 26 | On bill or note payable at fixed time after date | 3 years | When the bill/note falls due |
| 32 | 27 | On bill at sight or after sight | 3 years | When the bill is presented |
| 33 | 28 | On bill accepted payable at place | 3 years | When presented at that place |
| 34 | 29 | On bill or note payable at fixed time after sight/demand | 3 years | When fixed time expires |
| 35 | 30 | On demand note/bill without postponing writing | 3 years | Date of the note or bill |
| 36 | 31 | On instalment bond or note | 3 years | Expiry of each term of payment for respective part |
| 37 | 32 | On instalment bond with acceleration clause | 3 years | When default is made unless waived |
| 38 | 33 | On promissory note for delivery after event | 3 years | Date of delivery to payee |
| 39 | 34 | On dishonoured foreign bill with protest | 3 years | When notice is given |
| 40 | 35 | By payee against drawer of dishonoured bill | 3 years | Date of refusal to accept |
| 41 | 36 | By acceptor of accommodation bill against drawer | 3 years | When acceptor pays |
| 42 | 37 | By surety against principal | 3 years | When surety pays creditor |
| 43 | 38 | By surety against co-surety | 3 years | When excess payment is made |
| 44(a) | 39 | On life insurance policy | 3 years | Date of death or date of denial |
| 44(b) | 40 | On other insurance policy | 3 years | Date of occurrence or denial |
| 45 | 41 | To recover premium from voidable policy | 3 years | When insurers elect to avoid |
| 46 | 42 | For refund under Indian Succession Act | 3 years | Date of payment/distribution |
| 47 | 43 | For refund where consideration fails | 3 years | Date of failure |
| 48 | 44 | For contribution under joint decree/revenue | 3 years | Date of excess payment |
| 49 | 45 | By co-trustee against deceased trustee’s estate | 3 years | When right accrues |
| 50 | 46 | By manager of joint estate for contribution | 3 years | Date of payment |
| 51 | 47 | For profits of immovable property wrongfully received | 3 years | When profits received |
| 52 | 48 | For arrears of rent | 3 years | When arrears become due |
| 53 | 49 | By vendor for unpaid purchase money | 3 years | Time fixed or date of acceptance |
| 54 | 50 | For specific performance of contract | 3 years | Date fixed or notice of refusal |
| 55 | 51 | For breach of any unspecified contract | 3 years | When breach occurs or ceases |
PART III. — SUITS RELATING TO DECLARATIONS (Article 56 to 58)
| Schedule Sr. No. (Article) | Table Sr. No. | Description of Suit | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 56 | 1 | To declare forgery of instrument | 3 years | When issue or registration becomes known |
| 57 | 2 | To declare adoption invalid | 3 years | When adoption becomes known |
| 58 | 3 | Any other declaration | 3 years | When right to sue accrues |
PART IV. — SUITS RELATING TO DECREES AND INSTRUMENTS (Article 59 to 60)
| Schedule Sr. No. (Article) | Table Sr. No. | Description of Suit | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 59 | 1 | To cancel or set aside an instrument or decree or for the rescission of a contract | 3 years | When the facts entitling the plaintiff to such relief become known to him |
| 60(a) | 2 | To set aside a transfer of property made by guardian, by the ward who has attained majority | 3 years | When the ward attains majority |
| 60(b)(i) | 3 | To set aside such transfer, by ward’s legal representative when ward dies within 3 years of attaining majority | 3 years | When the ward attains majority |
| 60(b)(ii) | 4 | To set aside such transfer, by ward’s legal representative when ward dies before attaining majority | 3 years | When the ward dies |
PART V. — SUITS RELATING TO IMMOVABLE PROPERTY (Article 61 to 67)
| Schedule Sr. No. (Article) | Internal Sr. No. | Description of Suit | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 61(a) | 1 | By mortgagor to redeem or recover possession of immovable property mortgaged | 30 years | When the right to redeem or to recover possession accrues |
| 61(b) | 2 | To recover possession of immovable property mortgaged and transferred by mortgagee for valuable consideration | 12 years | When the transfer becomes known to the plaintiff |
| 61(c) | 3 | To recover surplus collections received by mortgagee after mortgage satisfied | 3 years | When mortgagor re-enters on the mortgaged property |
| 62 | 4 | To enforce payment of money secured by mortgage or otherwise charged on immovable property | 12 years | When the money sued for becomes due |
| 63(a) | 5 | By mortgagee for foreclosure | 30 years | When the money secured by the mortgage becomes due |
| 63(b) | 6 | By mortgagee for possession of immovable property mortgaged | 12 years | When the mortgagee becomes entitled to possession |
| 64 | 7 | For possession based on previous possession, not title, after dispossession | 12 years | Date of dispossession |
| 65 | 8 | For possession based on title | 12 years | When possession of defendant becomes adverse to plaintiff |
| 66 | 9 | For possession due to forfeiture or breach of condition | 12 years | When forfeiture is incurred or condition is broken |
| 67 | 10 | By landlord to recover possession from tenant | 12 years | When tenancy is determined |
PART VI. — SUITS RELATING TO MOVABLE PROPERTY (Article 68 to 71)
| PDF Sr. No. | Table Sr. No. | Description of Suit | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 68 | 1 | For specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion | 3 years | When the person having the right to possession first learns in whose possession it is |
| 69 | 2 | For other specific movable property | 3 years | When the property is wrongfully taken |
| 70 | 3 | To recover movable property deposited or pawned from a depositary or pawnee | 3 years | The date of refusal after demand |
| 71 | 4 | To recover movable property deposited or pawned, and afterwards bought from the depositary or pawnee for valuable consideration | 3 years | When the sale becomes known to the plaintiff |
PART VII. — SUITS RELATING TO TORT (Article 72 to 91)
| Schedule Sr. No. (Article) | Table Sr. No. | Description of Suit | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 72 | 1 | For compensation for doing or omitting to do an act under any enactment | 1 year | When the act or omission takes place |
| 73 | 2 | For compensation for false imprisonment | 1 year | When the imprisonment ends |
| 74 | 3 | For compensation for a malicious prosecution | 1 year | When the plaintiff is acquitted or the prosecution is otherwise terminated |
| 75 | 4 | For compensation for libel | 1 year | When the libel is published |
| 76 | 5 | For compensation for slander | 1 year | When the words are spoken, or if not actionable per se, when special damage occurs |
| 77 | 6 | For compensation for loss of service due to seduction of servant or daughter | 1 year | When the loss occurs |
| 78 | 7 | For compensation for inducing breach of contract | 1 year | The date of the breach |
| 79 | 8 | For compensation for illegal, irregular or excessive distress | 1 year | The date of the distress |
| 80 | 9 | For compensation for wrongful seizure of movable property under legal process | 1 year | The date of the seizure |
| 81 | 10 | By legal representatives under the Legal Representatives’ Suits Act, 1855 | 1 year | The date of the death of the person wronged |
| 82 | 11 | Under the Indian Fatal Accidents Act, 1855 | 2 years | The date of the death of the person killed |
| 83 | 12 | Under the Legal Representatives’ Suits Act, 1855, against an executor, administrator or representative | 2 years | When the wrong is done |
| 84 | 13 | Against misuse of property for unauthorized purposes | 2 years | When the perversion is known to the injured party |
| 85 | 14 | For compensation for obstructing a way or water-course | 3 years | The date of the obstruction |
| 86 | 15 | For compensation for diverting a water-course | 3 years | The date of the diversion |
| 87 | 16 | For compensation for trespass upon immovable property | 3 years | The date of the trespass |
| 88 | 17 | For compensation for infringing copyright or any exclusive privilege | 3 years | The date of the infringement |
| 89 | 18 | To restrain waste | 3 years | When the waste begins |
| 90 | 19 | For compensation for injury from wrongfully obtained injunction | 3 years | When the injunction ceases |
| 91(a) | 20 | For compensation for wrongful taking/detention of lost/stolen/conversion goods | 3 years | When possession is discovered |
| 91(b) | 21 | For compensation for wrongful taking/injuring/detaining other specific movable property | 3 years | When the property is wrongfully taken, injured, or detainer becomes unlawful |
PART VIII. — SUITS RELATING TO TRUSTS AND TRUST PROPERTY (Article 92 to 96)
| Schedule Sr. No. (Article) | Table Sr. No. | Description of Suit | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 92 | 1 | To recover possession of immovable property conveyed or bequeathed in trust and transferred by trustee for valuable consideration | 12 years | When the transfer becomes known to the plaintiff |
| 93 | 2 | To recover possession of movable property conveyed or bequeathed in trust and transferred by trustee for valuable consideration | 3 years | When the transfer becomes known to the plaintiff |
| 94 | 3 | To set aside a transfer of immovable property in a religious or charitable endowment by a manager | 12 years | When the transfer becomes known to the plaintiff |
| 95 | 4 | To set aside a transfer of movable property in a religious or charitable endowment by a manager | 3 years | When the transfer becomes known to the plaintiff |
| 96 | 5 | By a manager of a religious or charitable endowment to recover possession of property transferred by a previous manager | 12 years | The date of death, resignation or removal of the previous manager, or date of appointment of plaintiff, whichever is later |
PART IX. — SUITS RELATING TO MISCELLANEOUS MATTERS (Article 97 to 112)
| Schedule Sr. No. (Article) | Table Sr. No. | Description of Suit | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 97 | 1 | To enforce a right of pre-emption | 1 year | When the purchaser takes physical possession or when the sale instrument is registered |
| 98 | 2 | By a person against whom an order has been made under Order XXI or section 28 of Presidency Small Cause Courts Act, to establish their right | 1 year | The date of the final order |
| 99 | 3 | To set aside a sale by a civil or revenue court or for arrears of government revenue | 1 year | When the sale is confirmed or becomes final and conclusive had no suit been brought |
| 100 | 4 | To alter or set aside a decision or order of a civil court or act/order of a government officer | 1 year | Date of final decision/order or date of the act/order |
| 101 | 5 | Upon a judgment, including a foreign judgment, or recognisance | 3 years | The date of the judgment or recognisance |
| 102 | 6 | For property conveyed while the plaintiff was insane | 3 years | When the plaintiff is restored to sanity and has knowledge of the conveyance |
| 103 | 7 | To make good from trustee’s estate the loss occasioned by breach of trust | 3 years | Date of trustee’s death or date of loss, whichever is later |
| 104 | 8 | To establish a periodically recurring right | 3 years | When the plaintiff is first refused enjoyment of the right |
| 105 | 9 | By a Hindu for arrears of maintenance | 3 years | When the arrears are payable |
| 106 | 10 | For a legacy or distributive share of estate | 12 years | When the legacy/share becomes payable or deliverable |
| 107 | 11 | For possession of a hereditary office | 12 years | When the defendant takes possession adversely to plaintiff |
| 108 | 12 | During the life of a Hindu or Muslim female to declare an alienation void | 12 years | The date of the alienation |
| 109 | 13 | By a Hindu under Mitakshara law to set aside his father’s alienation of ancestral property | 12 years | When the alienee takes possession |
| 110 | 14 | By a person excluded from joint family property | 12 years | When the exclusion becomes known to the plaintiff |
| 111 | 15 | By or on behalf of a local authority to recover possession of a public street or road | 30 years | The date of dispossession or discontinuance |
| 112 | 16 | Any suit (except in Supreme Court) by or on behalf of Central or State Government | 30 years | When the period of limitation would begin for a private person |
PART X. — SUITS FOR WHICH THERE IS NO PRESCRIBED PERIOD (Article 113 to 113)
| Schedule Sr. No. (Article) | Table Sr. No. | Description of Suit | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 113 | 1 | Any suit for which no period of limitation is provided elsewhere in this Schedule | 3 years | When the right to sue accrues |
SECOND DIVISION — APPEALS (Article 114 to 117)
| Schedule Sr. No. (Article) | Table Sr. No. | Description of Appeal | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 114(a) | 1 | Appeal from order of acquittal under CrPC 1898, s.417(1) or (2) | 90 days | The date of the order appealed from |
| 114(b) | 2 | Appeal from order of acquittal under CrPC 1898, s.417(3) | 30 days | The date of the grant of special leave |
| 115(a) | 3 | Appeal from sentence of death by court of session or High Court | 30 days | The date of the sentence |
| 115(b)(i) | 4 | Appeal from any other sentence or order (to High Court) | 60 days | The date of the sentence or order |
| 115(b)(ii) | 5 | Appeal from any other sentence or order (to other court) | 30 days | The date of the sentence or order |
| 116(a) | 6 | Appeal to High Court from any decree or order under CPC 1908 | 90 days | The date of the decree or order |
| 116(b) | 7 | Appeal to any other court from any decree or order under CPC 1908 | 30 days | The date of the decree or order |
| 117 | 8 | Appeal from decree or order of any High Court to same court | 30 days | The date of the decree or order |
THIRD DIVISION — APPLICATIONS (Article 118 to 137)
PART I. — APPLICATIONS IN SPECIFIED CASES (Article 118 to 136)
| Schedule Sr. No. (Article) | Table Sr. No. | Description of Application | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 118 | 1 | For leave to appear and defend under summary procedure | 10 days | When the summons is served |
| 119(a) | 2 | Under Arbitration Act, 1940 – to file award in court | 30 days | Date of service of notice of making the award |
| 119(b) | 3 | Under Arbitration Act, 1940 – to set aside/remit award | 30 days | Date of service of notice of filing of award |
| 120 | 4 | To bring legal representative on record under CPC | 90 days | Date of death of party |
| 121 | 5 | To set aside abatement under CPC | 60 days | Date of abatement |
| 122 | 6 | To restore suit/appeal/review/revision dismissed for default | 30 days | Date of dismissal |
| 123 | 7 | To set aside ex parte decree or rehear ex parte appeal | 30 days | Date of decree or knowledge of decree if not duly served |
| 124 | 8 | For review of judgment by any court (except Supreme Court) | 30 days | Date of decree or order |
| 125 | 9 | To record adjustment/satisfaction of decree | 30 days | When the payment or adjustment is made |
| 126 | 10 | For payment of decree amount in instalments | 30 days | Date of decree |
| 127 | 11 | To set aside sale in execution of decree | 60 days | Date of sale |
| 128 | 12 | For possession by one dispossessed disputing decree-holder/purchaser | 30 days | Date of dispossession |
| 129 | 13 | For possession after removing resistance or obstruction to delivery | 30 days | Date of resistance or obstruction |
| 130(a) | 14 | For leave to appeal as pauper to High Court | 60 days | Date of decree appealed from |
| 130(b) | 15 | For leave to appeal as pauper to any other court | 30 days | Date of decree appealed from |
| 131 | 16 | For revision under CPC or CrPC | 90 days | Date of decree/order/sentence sought to be revised |
| 132 | 17 | To High Court for certificate of fitness to appeal to Supreme Court | 60 days | Date of decree/order/sentence |
| 133(a) | 18 | To Supreme Court for special leave in death sentence case | 60 days | Date of judgment/final order/sentence |
| 133(b) | 19 | To Supreme Court for special leave after refusal by High Court | 60 days | Date of refusal order |
| 133(c) | 20 | To Supreme Court for special leave in any other case | 90 days | Date of judgment or order |
| 134 | 21 | For delivery of possession by purchaser in execution of decree | 1 year | When the sale becomes absolute |
| 135 | 22 | To enforce a decree granting a mandatory injunction | 3 years | Date of decree or fixed date of performance |
| 136 | 23 | To execute any other civil court decree/order (not perpetual injunction) | 12 years | When decree/order becomes enforceable or default occurs |
PART II. — OTHER APPLICATIONS (Article 137 to 137)
| Schedule Sr. No. (Article) | Table Sr. No. | Description of Application | Period of Limitation | Time from which Period Begins to Run |
|---|---|---|---|---|
| 137 | 1 | Any application not otherwise provided for in this Division | 3 years | When the right to apply accrues |
Consequences of Exceeding the Period of Limitation #conclusion
If you want to increase the chances of admissibility of your appeal, application or suit, you must refer the period of limitation. In case the limitation period is exceeded you can choose to file the condonation of delay application under section 151 of the code of civil procedure. The application under section 151 of CPC does not garuntee admissibility of your appeal, application or suit, but gives you a fair chance of reconsideration to the Hon’ble Judge.
Refer more about Limitation Click Here
