-
Sections
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Section 1. Short title and commencement.
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Section 2. Definitions.
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Section 3. Dismissal of suits, etc., instituted, etc., after period of limitation.
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Section 4. Where Court is closed when period expires.
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Section 5. Extension of period in certain cases.
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Section [7]6. Legal disability.
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Section [8]7. Disability of one of several plaintiffs or applicants.
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Section [9]8. Special exceptions.
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Section [10]9. Continuous running of time.
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Section 10. Suits against express trustees and their representatives.
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Section 11. Suits on foreign contracts.
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Section 12. Exclusion of time in legal proceedings.
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Section 13. Exclusion of time of defendant's absence from India and certain other territories.-
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Section 14. Exclusion of time of proceeding bona fide in Court without jurisdiction.
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Section 15. Exclusion of time during which proceedings are suspended.
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Section 16. Exclusion of time during which proceedings to set aside execution sale are pending.
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Section 17. Effect of death before right to sue accrues.
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Section 18. Effect of fraud.
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Section 19. Effect of acknowledgment in writing.
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Section 20. Effect of payment on account of debt or of interest on legacy.-
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Section 21. Agent of person under disability.
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Section 22. Effect of substituting or adding new plaintiff or defendant.
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Section 23. Continuing breaches and wrongs.
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Section 24. Suit for compensation for act not actionable without special damage.
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Section 25.
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Section 26. Acquisition of right to easements.
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Section 27. Exclusion in favour of reversioner of servient tenement.
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Section 28. Extinguishment of right to property.
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Section 29. Savings.[21]
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Section [24][30. Provisions for States for which the period prescribed is shorter than that prescribed by any law previously in force in a Part B State.
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Section 31. Provision for suits by certain mortgagees in territories mentioned in the second schedule.
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Section 32. Repeals.
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FIRST SCHEDULE
Limitation Act,
1908 [Repealed]
[Act 9 of 1908][1]
[7th August, 1908]
?[Repealed by Act 36 of 1963, Section 32
(w.e.f. 1-1-1964).]
An Act to consolidate
and amend the law for the limitation of suits, and
for other purposes
Whereas it is expedient to consolidate and amend
the law relating to the limitation of suits, appeals and certain applications
to Courts; and whereas it is also expedient to provide rules for acquiring by
possession the ownership of easements and other property: It is hereby enacted
as follows:-
Part I
PRELIMINARY
Section 1. Short title and commencement.
(1)
This Act may be
called the Indian Limitation Act, 1908.
(2)
It extends to the
whole of India [2][except
the State of Jammu and Kashmir]; and
(3)
This section and
Section 31 shall come into force at once. The rest of this Act shall come into
force on the first day of January, 1909.
Section 2. Definitions.
In this Act, unless there is anything repugnant in
the subject or context,-
(1)
?applicant?
includes any person from or through whom an applicant derives his right to
apply:
(2)
?bill of exchange?
includes a hundi and a cheque:
(3)
?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:
(4)
?defendant?
includes any person from or through whom a defendant derives his liability to
be sued:
(5)
(?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:
(6)
?foreign country?
means any country other than [3][India,
but includes also [4][the
State of Jammu and Kashmir]]:
(7)
?good faith?:
nothing shall be deemed to done in good faith which is not done with due care
and attention:
(8)
?plaintiff?
includes any person from or through whom a plaintiff derives his right to sue:
(9)
?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:
[5][(9-A)?India? means the territory of India
excluding the State of Jammu and Kashmir:]
(10)? ?suit?
does not include an appeal or an application: and
(11)? ?trustee?
does not include a benamidar, a mortgagee remaining in possession after the
mortgage has been satisfied, or a wrongdoer in possession without title.
Part II
LIMITATION OF
SUITS, APPEALS AND APPLICATIONS
Section 3. Dismissal
of suits, etc., instituted, etc., after period of limitation.
Subject to the provisions contained in Sections 4
to 25 (inclusive), every suit instituted, appeal preferred, and application
made, after the period of limitation prescribed therefor by the first schedule
shall be dismissed, although limitation has not been set up as a defence.
Explanation.-A suit is instituted, in ordinary cases, when the
plaint is presented to the proper officer; in the case of a pauper, when his
application for leave to sue as a pauper is made; and, 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.
Section 4. Where Court is closed when period expires.
Where the period of limitation prescribed 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
that the Court re-opens.
Section 5. Extension of period in certain cases.
Any appeal or application for a review of judgment
or for leave to appeal or any other application to which this section may be
made applicable [6][by
or under any enactment] for the time being in force may be admitted after the
period of limitation prescribed therefor, when the appellant or 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 applicant was
misled by any order, practice or judgment of the High Court in ascertaining or
computing the prescribed period of limitation may be sufficient cause within
the meaning of this section.
Section [7]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 period of limitation 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 prescribed therefor in the third
column of the first schedule.
(2)
Where such person
is, as at the time from which the period of limitation 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 prescribed.
(3)
Where the
disability continues up to the death of such 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 prescribed.
(4)
Where such
representative is at the date of the death affected by any such disability, the
rules contained in sub-sections (1) and (2) shall apply.
Illustrations
(a)
The right to sue
for the hire of a boat accrues to A during his minority. He attains majority
four years after such accruer. He may institute his suit at any time within
three years from the date of his attaining majority.
(b)
A right to sue
accrues to Z during his minority. After the accruer, but while Z is still a
minor, he becomes insane. Time runs against Z from the date when his insanity
and minority cease.
(c)
A right to sue
accrues to X during his minority. X dies before attaining majority, and is
succeeded by Y, his minor son. Time runs against Y from the date of his
attaining majority.
Section [8]7. Disability of
one of several plaintiffs or applicants.
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.
Illustrations
(a)
A incurs a debt to
a firm of which B, C and D are partners. B is insane, and C is a minor. D can
give a discharge of the debt without the concurrence of B and C. Time runs
against B, C and D.
(b)
A incurs a debt to
a firm of which E, F and G are partners. E and F are insane, and G is a minor.
Time will not run against any of them until either E or F becomes sane, or G
attains majority.
Section [9]8. Special
exceptions.
Nothing in Section 6 or in Section 7 applies to
suits to enforce rights of pre-emption, or shall be deemed to extend, for more
than three years from the cessation of the disability or the death of the
person affected thereby, the period within which any suit must be instituted or
application made.
Illustrations
(a)
A, to whom a right
to sue for a legacy has accrued during his minority, attains majority eleven
years after such accruer. A has, under the ordinary law, only one year
remaining within which to sue. But under Section 6 and this section and
extension of two years will be allowed him, making in all a period of three
years from the date of his attaining majority, within which he may bring his
suit.
(b)
A right to sue for
an hereditary office accrues to A who at the time is insane. Six years after
the accruer A recovers his reason. A has six years, under the ordinary law,
from the date when his insanity ceased within which to institute a suit. No
extension of time will be given him under Section 6 read with this section.
(c)
A right to sue as
landlord to recover possession from a tenant accrues to A, who is an idiot. A
dies three years after the accruer, his idiocy continuing up to the date of his
death. A's representative in interest has, under the ordinary law, nine years
from the date of A's death within which to bring a suit. Section 6 read with
this section does not extend that time, except where the representative is
himself under disability when the representation devolves upon him.
Section [10]9. Continuous
running of time.
Where once time has begun to run, no subsequent
disability or inability to sue stops it:
Provided that, where letters of administration to
the estate of a creditor have been granted to his debtor, the running of the
time prescribed for a suit to recover the debt shall be suspended while the
administration continues.
Section 10. Suits
against express trustees and their representatives.
Notwithstanding anything hereinbefore contained, no
suit against a person in whom property has become vested in trust for any
specific purpose, or against his legal representatives or assigns (not being assigns
for valuable consideration), for the purpose of following in his or their hands
such property, or the proceeds thereof, or for an account of such property or
proceeds, shall be barred by any length of time.
[11][For the purposes of this section any property
comprised in a Hindu, Muhammadan or Buddhist religious or charitable endowment
shall be deemed to be property vested in trust for a specific purpose, and the
manager of any such property shall be deemed to be the trustee thereof.]
Section 11. Suits on foreign contracts.
(1)
Suits instituted
in [12][India]
on contracts entered into in a foreign country are subject to the rules of
limitation contained in this Act.
(2)
No foreign rule of
limitation shall be a defence to a suit instituted in [13][India]
on a contract entered into in a foreign country, unless the rule has
extinguished the contract and the parties were domiciled in such country during
the period prescribed by such rule.
Part III
COMPUTATION OF
PERIOD OF LIMITATION
Section 12. Exclusion of time in legal proceedings.
(1)
In computing the
period of limitation prescribed for any suit, appeal or application, the day
from which such period is to be reckoned shall be excluded.
(2)
In computing the
period of limitation prescribed for an appeal, and application for leave to
appeal and an application for a review of judgment, the day on which the
judgment complained of was pronounced, and the time requisite for obtaining a
copy of the decree, sentence or order appealed from or sought to be reviewed,
shall be excluded.
(3)
Where a decree is
appealed from or sought to be reviewed, the time requisite for obtaining a copy
of the judgment on which it is founded shall also be excluded.
(4)
In computing the
period of limitation prescribed for an application to set aside an award, the
time requisite for obtaining a copy of the award shall be excluded.
Section 13. Exclusion of time of defendant's absence from India and certain
other territories.-
In computing the period of limitation prescribed
for any suit, the time during which the defendant has been absent from [14][India]
and from the territories beyond [15][India]
under the administration of [16][the
Central Government [17][*
* *]] shall be excluded.
Section 14. Exclusion of time of proceeding bona fide in Court without
jurisdiction.
(1)
In computing the
period of limitation prescribed for any suit, the time during which the
plaintiff has prosecuting with due diligence another civil proceeding, whether
in a Court of first instance or in a Court of appeal, against the defendant,
shall be excluded, where the proceeding is founded upon the same cause of
action and is prosecuted in good faith in a Court which, from defect of
jurisdiction, or other cause of a like nature, is unable to entertain it.
(2)
In computing the
period of limitation prescribed for any application, the time during which the
applicant has been prosecuting with due diligence another civil proceeding,
whether in a Court of fist instance or in a Court of appeal, against the same
party for the same relief shall be excluded, where such proceeding is
prosecuted in good faith in a Court which, from defect of jurisdiction, or
other cause of a like nature, is unable to entertain it.
Explanation I.-In excluding the time during which a former suit
or application was pending, the day on which that suit or application was
instituted or made, and the day on which the proceedings therein ended, shall
both be counted.
Explanation II.-For the purposes of this section, a plaintiff or
an applicant resisting an appeal shall be deemed to be prosecuting a
proceeding.
Explanation III.-For the purposes of this section misjoinder of
parties or of causes of action shall be deemed to be a cause of a like nature
with defect of jurisdiction.
Section 15. Exclusion of time during which proceedings are suspended.
(1)
In computing the
period of limitation prescribed for any suit or application for the execution
of a decree, the institution or execution of which has been stayed by
injunction or order, the time of the continuance of the injunction or order,
the day on which it was issued or made, and the day on which it was withdrawn,
shall be excluded.
(2)
In computing the
period of limitation prescribed for any suit of which notice has been given in
accordance with the requirements of any enactment for the time being in force,
the period of such notice shall be excluded.
Section 16. Exclusion of time during which proceedings to set aside execution
sale are pending.
In computing the period of limitation prescribed
for a suit for possession by a purchaser at a sale in execution of a decree,
the time during which a proceeding to set aside the sale has been prosecuted
shall be excluded.
Section 17. Effect of death before
right to sue accrues.
(1)
Where a person,
who would, if he were living, have a right to institute a suit or make an
application, dies before the right accrues, the period of limitation shall be
computed from the time when there is a legal representative of the deceased
capable of instituting or making such suit or application.
(2)
Where a person
against whom, if he were living, a right to institute a suit or make an
application would have accrued dies before the right accrues, the period of
limitation shall be computed from the time when there is a legal representative
of the deceased against whom the plaintiff may institute or make such suit or
application.
(3)
Nothing in
sub-sections (1) and (2) applies to suits to enforce rights of pre-emption or
to suits for the possession of immovable property or of an hereditary office.
Section 18. Effect of fraud.
Where any person having a right to institute a suit
or make an application has, by means of fraud, been kept from the knowledge of
such right or of the title on which it is founded, or where any document
necessary to establish such right has been fraudulently concealed from him, the
time limited for instituting a suit or making an application-
(a)
against the person
guilty of the fraud or accessory thereto, or
(b)
against any person
claiming through him otherwise than in good faith and for a valuable
consideration, shall be computed from the time when the fraud first became
known to the person injuriously affected thereby, or, in the case of the
concealed document, when he first had the means of producing it or compelling
its production.
Section 19. Effect of acknowledgment in writing.
(1)
Where, before the
expiration of the period prescribed for a suit or application in respect of any
property or right, an acknowledgment of liability in respect of such property
or right has been made in writing signed by the party against whom such property
or right is claimed, or by some person through whom he derives title or
liability, a fresh period of limitation shall be computed from the time when
the acknowledgment was so signed.
(2)
Where the writing
containing the acknowledgment is undated, oral evidence may be given of the
time when it was signed; but, subject to the provisions of the Indian Evidence
Act, 1872 (1 of 1872), oral evidence of its contents shall not be received.
Explanation I.-For the purpose of this section an acknowledgment
may be sufficient though it omits to specify the exact nature of the property
or right, or avers that the time for payment, delivery, performance or
enjoyment has not yet come, or is accompanied by a refusal to pay, deliver,
perform or permit to enjoy, or is coupled with a claim to a set-off, or is
addressed to a person other than the person entitled to the property or right.
Explanation II.-For the purposes of this section, ?signed? means
signed either personally or by an agent duly authorized in this behalf.
Explanation III.-For the purposes of this section an application
for the execution of a decree or order is an application in respect of a right.
Section 20. Effect of payment on account of debt or of interest on legacy.-
(1)
[18][Where payment on account of a debt or of interest
on a legacy is made before the expiration of the prescribed period by the
person liable to pay the debt or legacy, or by his duly authorized agent, a
fresh period of limitation shall be computed from the time when the payment was
made:]
[19][Provided that, save in the case of a payment of
interest made before the 1st day of January, 1928, an acknowledgment of the
payment appears in the handwriting of, or in a writing signed by, the person
making the payment.]
(2)
Effect of receipt of produce of mortgaged land.-Where mortgaged land is in the possession of the
mortgagee, the receipt of the rent or produce of such land shall be deemed to
be a payment for the purpose of sub-section (1).
Explanation.-Debt includes money payable under a decree or
order of Court.
Section 21. Agent of person under disability.
(1)
The expression
?agent duly authorized in this behalf,? in Sections 19 and 20, shall, in the
case of a person under disability, include his lawful guardian, committee or
manager, or an agent duly authorized by such guardian, committee or manager to
sign the acknowledgment or make the payment.
(2)
Acknowledgment or payment by one of several joint contractors, etc.-Nothing in the said sections renders one of
several joint contractors, partners, executors or mortgagees chargeable by
reason only of a written acknowledgment signed or of a payment made by, or by
the agent of, any other or others of them.
[20][(3) For the purposes of the said sections-
(a)
and acknowledgment
signed, or a payment made, in respect of any liability, by, or by the duly
authorized agent of, any widow or other limited owner of property who is
governed by the Hindu law, shall be a valid acknowledgment or payment, as the
case may be, as against a reversioner succeeding to such liability; and
(b)
where a liability
has been incurred by, or on behalf of, a Hindu undivided family as such, an
acknowledgment or payment made by, or by the duly authorized agent of, the
manager of the family for the time being shall be deemed to have been made on
behalf of the whole family.]
Section 22. Effect of substituting or adding new plaintiff or defendant.
(1)
Where, after the
institution of a suit, a new plaintiff or defendant is substituted or added,
the suit shall, as regards him, be deemed to have been instituted when he was
so made a party.
(2)
Nothing in
sub-section (1) shall apply to a case where a party is added or substituted
owing to an assignment or devolution of any interest during the pendency of a
suit or where a plaintiff is made a defendant or a defendant is made a
plaintiff.
Section 23. Continuing breaches and wrongs.
In the case of a continuing breach of contract and
in the case of a continuing wrong independent of contract, a fresh period of
limitation begins to run at every moment of the time during which the breach or
the wrong, as the case may be, continues.
Section 24. Suit for compensation for act not actionable without special damage.
In the case of a suit for compensation for an act
which does not give rise to a cause of action unless some specific injury
actually results therefrom, the period of limitation shall be computed from the
time when the injury results.
Illustration
Computation of time
mentioned in instruments.-A owns the
surface of a field. B owns the subsoil. B digs coal thereout without causing
any immediate apartment injury to the surface, but at last the surface
subsides. The period of limitation in the case of a suit by A against B runs
from the time of the subsidence.
Section 25.
All instruments shall, for the purposes of this
Act, be deemed to be made with reference to the Gregorian calendar.
Illustration
(a)
A Hindu makes a
promissory note bearing a Native date only, and payable four months after date.
The period of limitation applicable to a suit on the note runs from expiration
of four months after date computed according to the Gregorian calendar.
(c)
A Hindu makes a
bond, bearing a Native date only, for the repayment of money within one year.
The period of limitation applicable to a suit on the bond runs from the
expiration of one year after date computed according to the Gregorian calendar.
Part IV
ACQUISITION OF
OWNERSHIP BY POSSESSION
Section 26. Acquisition of right to easements.
(1)
Where the access
and use of light or air to and for any building have been peaceably enjoyed
therewith as an easement, and as of right, without interruption, and for twenty
years, and where any way or watercourse, or the use of any water, or any other
easement (whether affirmative or negative) has been peaceably and openly
enjoyed by any person claiming title thereto as an easement and as of right
without interruption, and for twenty years, the right to such access and use of
light or air, way, watercourse, use of water, or other easement shall be
absolute and indefeasible.
Each of the said periods of twenty years shall be
taken to be a period ending within two years next before the institution of the
suit wherein the claim to which such period relates is contested.
(2)
Where the property
over which a right is claimed under sub-section (1) belongs to the Government,
that sub-section shall be read as if for the words ?twenty years? the words
?sixty years? were substituted.
Explanation.-Nothing is an interruption within the meaning of this
section, unless where there is an actual discontinuance of the possession or
enjoyment by reason of an obstruction by the act of some person other than the
claimant, and unless such obstruction is submitted to or acquiesced in for one
year after the claimant has notice thereof and of the person making or
authorizing the same to be made.
Illustration
(a)
A suit is brought
in 1911 for obstructing a right of way. The defendant admits the obstruction,
but denies the right of way. The plaintiff proves that the right was peaceably
and openly enjoyed by him, claiming title thereto as an easement and as of
right, without interruption from 1st January, 1890, to 1st January, 1910. The
plaintiff is entitled to judgment.
(b)
In a like suit the
plaintiff shows that the right was peaceably and openly enjoyed by him for
twenty years. The defendant proves that the plaintiff, on one occasion during
the twenty years, had asked his leave to enjoy the right. The suit shall be
dismissed.
Section 27. Exclusion in favour of reversioner of servient tenement.
Where any land or water upon, over or from which
any easement has been enjoyed or derived has been held under or by virtue of
any interest for life or any term of years exceeding three years from the
granting thereof, the time of the enjoyment of such easement during the
continuance of such interest or term shall be excluded in the computation of
the period of twenty years in case the claim is, within three years next after
the determination of such interest or term, resisted by the person entitled, on
such determination, to the said land or water.
Illustration
A sues for a declaration that he is entitled to a
right of way over B's land. A proves that he has enjoyed the right for
twenty-five years; but B shows that during ten of these years C, a Hindu widow,
had a life interest in the land, that on C's death B became entitled to the
land, and that within two years after C's death he contested A's claim to the
right. The suit must be dismissed, as A, with reference to the provisions of
this section, has only proved enjoyment for fifteen years.
Section 28. Extinguishment of right to property.
At the determination of the period hereby limited
to any person for instituting a suit for possession of any property, his right
to such property shall be extinguished.
Part V
SAVINGS AND
REPEALS
Section 29. Savings.[21]
[(1) Nothing
in this Act shall affect Section 25 of the Indian Contract Act, 1872 (9 of
1872).]
(2) ? Where
any special or local law prescribes for any suit, appeal or application a period
of limitation different from the period prescribed therefor by the first
schedule, the provisions of Section 3 shall apply, as if such period were
prescribed therefor in that schedule, and for the purpose of determining any
period of limitation prescribed for any suit, appeal or application by any
special or local law-
(a)
the provisions
contained in Section 4, Sections 9 to 18, and Section 22 shall apply only in so
far as, and to the extent to which, they are not expressly excluded by such
special or local law; and
(b)
the remaining
provisions of this Act shall not apply.]
[22][(3)] Nothing in this Act shall apply to suits
under the Indian Divorce Act (4 of 1869).
[23][(4)] Sections 26 and 27 and the definition of
?easement? in Section 2 shall not apply to cases arising in territories to
which the Indian Easements Act, 1882 (5 of 1882), may for the time being
extend.
Section [24][30. Provisions
for States for which the period prescribed is shorter than that prescribed by
any law previously in force in a Part B State.
[25][* * *]]
Section 31. Provision for suits by certain mortgagees in territories mentioned
in the second schedule.
[Repealed
by the Repealing and Amending Act, 1930 (8 of 1930), Section 3 and Schedule II.]
Section 32. Repeals.
[Repealed
by the Second Repealing and Amending Act, 1914 (17 of 1914), Section 3 and Schedule II.]
FIRST SCHEDULE
(See Section 3)
FIRST DIVISION: SUITS
|
Description
of suit |
Period
of Limitation |
Time
from which period begins to run |
||
|
Part I.-Thirty days |
||||
|
1.- |
To
contest an award of the Board of Revenue under the Waste Lands (Claims) Act,
1863 (23 of 1863). |
Thirty
days ... |
When
notice of the award is delivered to the plaintiff. |
|
|
Part II.-Ninety days |
||||
|
2.- |
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 [26][India]. |
Ninety
days .. |
When
the act or omission takes place. |
|
|
Part III.-Six months |
||||
|
3.- |
Under
the Specific Relief Act, 1877 (1 of 1877), Section 9, to recover possession
of immovable property. |
Six
months . .. |
When
the dispossession occurs. |
|
|
[27][* * *] |
[28][* * *] |
[29][* * *] |
||
|
[30][Part IV.-One Year] |
||||
|
5.- |
Under
the summary procedure referred to in Section 128(2)(f) of the Code of Civil Procedure, 1908 (5 of 1908) [31][where
the provision of such summary procedure does not exclude the ordinary
procedure in such suits and under Order XXXVII of the said Code]. |
[32][One
Year] .. |
When
the debt or liquidated demand becomes recoverable. |
|
|
[33][* * *] |
||||
|
6.- |
Upon
a Statute, Act, Regulation or Bye-law, for a penalty or forfeiture. |
One
year . .. |
When
the penalty or forfeiture is incurred. |
|
|
7.- |
For
the wages of a house hold servant, artisan or labourer [34][*
* *] |
[35][One year] .. |
When
the wages accrue due. |
|
|
8.- |
For
the price of food or drink sold by the keeper of a hotel, tavern or lodging
house. |
[36][One year] .. |
When
the food or drink is delivered. |
|
|
9.- |
For
the price of lodging |
[37][One year] .. |
When
the price becomes payable. |
|
|
10.- |
To
enforce a right of pre-emption whether the right is founded on law, or
general usage, or on special contract. |
[38][One year] .. |
When
the purchase takes, under the sale sought to be impeached, physical
possession of the whole of the property sold, or where the subject of the
sale does not admit of physical possession, when the instrument of sale is registered. |
|
|
11.- |
By a
person, against whom any of the following orders has been made to establish
the right which he claims to the property comprised in the order: |
[39][One year] .. |
The
date of the order. |
|
|
(1) |
Order
under the Code of Civil Procedure, 1908 (5 of 1908) on a claim preferred to,
or an objection made to the attachment of, property attached in execution of
a decree; |
|||
|
(2) |
Order
under Section 28 of the Presidency Small Cause Courts Act, 1882 (15 of 1882). |
|||
|
11-A.- |
By a
person against whom an order has been made under the Code of Civil Procedure,
1908 (5 of 1908), upon an application by the holder of a decree for the
possession of immovable property or by the purchaser of such property sold in
execution of a decree, complaining of resistance or obstruction to the
delivery of possession thereof, or upon an application by any person
dispossessed of such property in the delivery of possession thereof to the
decree-holder or purchaser, to establish the right which he claims to the
present possession of the property comprised in the order. |
[40][One year] .. |
Ditto. |
|
|
12.- |
To
set aside any of the following sales:- |
[41][One year] .. |
When
the sale is confirmed, or would otherwise have become |
|
|
(a) |
sale
in execution of a decree of a Civil Court; |
final
and conclusive had no such |
||
|
(b) |
sale
in pursuance of a decree or order of a Collector or other officer of revenue; |
suit
been brought. |
||
|
(c) |
sale
for arrears of Government revenue, or for any demand recoverable as such
arrears; |
|||
|
(d) |
sale
of a patni taluq sold for current arrears of rent. |
|||
|
Explanation.-In this article ?patni? includes any
intermediate tenure saleable for current arrears of rent. |
||||
|
13.- |
To
alter or set aside a decision or order of a Civil Court in any proceeding other
than a suit. |
[42][One year] .. |
The
date of the final decision or order in the case by a Court competent to
determine it finally. |
|
|
14.- |
To
set aside any act or order of an officer of Government in his official
capacity, not herein otherwise expressly provided for. |
[43][One year] .. |
The
date of the act or order. |
|
|
15.- |
Against
Government to set aside any attachment, lease or transfer of immovable
property by the revenue-authorities for the arrears of Government revenue. |
[44][One year] .. |
When
the attachment, lease or transfer is made. |
|
|
16.- |
Against
Government to recover money paid under protest in satisfaction of a claim
made by the revenue-authorities on account of arrears of revenue or an
account of demands recoverable as such arrears. |
[45][One year] .. |
When
the payment is made. |
|
|
17.- |
Against
Government for compensation for land acquired for public purposes. |
[46][One year] .. |
The
date of determining the amount of the compensation. |
|
|
18.- |
Like
suit for compensation when the acquisition is not completed. |
[47][One year] .. |
The
date of the refusal to complete. |
|
|
19.- |
For
compensation for false imprisonment. |
[48][One year] .. |
When
the imprisonment ends. |
|
|
20.- |
By
executors, administrators or representatives under the Legal Representatives'
Suits Act, 1855 (12 of 1855). |
[49][One year] .. |
The
date of the death of the person wronged. |
|
|
21.- |
By
executors, administrators or representatives under the Indian Fatal Accidents
Act, 1885 (13 of 1855). |
[50][One year] .. |
The
date of the death of the person killed. |
|
|
22.- |
For
compensation for any other injury to the person. |
[51][One year] .. |
When
the injury is committed. |
|
|
23.- |
For
compensation for a malicious prosecution. |
[52][One year] .. |
When
the plaintiff is acquitted, or the prosecution is otherwise terminated. |
|
|
24.- |
For
compensation for libel. |
[53][One year] .. |
When
the libel is published. |
|
|
25.- |
For
compensation for slander. |
[54][One year] .. |
When
the words are spoken, or, if the words are not actionable in themselves, when
the special damage complained of results. |
|
|
26.- |
For
compensation for loss of service occasioned by the seduction of the
plaintiff's servant or daughter. |
[55][One year] .. |
When
the loss occurs. |
|
|
27.- |
For
compensation for inducing a person to break a contract with the plaintiff. |
[56][One year] .. |
The
date of the breach. |
|
|
28.- |
For
compensation for an illegal, irregular or excessive distress. |
[57][One year] .. |
The
date of distress. |
|
|
29.- |
For
compensation for wrongful seizure of movable property under legal process. |
[58][One year] .. |
The
date of the seizure. |
|
|
30.- |
Against
a carrier for compensation for losing or injuring goods. |
[59][One year] .. |
When
the loss or injury occurs. |
|
|
31.- |
Against
a carrier for compensation for non-delivery of, or delay in delivering,
goods. |
[60][One year] .. |
When
the goods ought to be delivered. |
|
|
Part V.-Two Years |
||||
|
32.- |
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. |
|
|
33.- |
Under
the Legal Representatives' Suits Act, 1855 (12 of 1855), against an executor. |
[61][Two year] .. |
When
the wrong complained of is done. |
|
|
34.- |
Under
the same Act against and administrator. |
[62][Two year] .. |
When
the wrong complained of is done. |
|
|
35.- |
Under
the same Act against any other representative. |
[63][Two year] .. |
When
the wrong complained of is done. |
|
|
36.- |
For
compensation for any malfeasance, misfeasance or nonfeasance independent of
contract and not herein specially provided for. |
[64][Two year] .. |
When
the malfeasance, misfeasance or nonfeasance takes place. |
|
|
Part VI.-Three years |
||||
|
37.- |
For
compensation for obstructing a way or a watercourse. |
Three
years .. |
The
date of the obstruction. |
|
|
38.- |
For
compensation for diverting a watercourse. |
[65][Three years]. |
The
date of the diversion. |
|
|
39.- |
For
compensation for trespass upon immovable property. |
[66][Three years]. |
The
date of the trespass. |
|
|
40.- |
For
compensation for infringing copyright or any other exclusive privilege. |
[67][Three years]. |
The
date of the infringement. |
|
|
41.- |
To
restrain waste. |
[68][Three years]. |
When
the waste begins. |
|
|
42.- |
For compensation
for injury caused by an injunction wrongfully obtained. |
[69][Three years]. |
When
the injunction ceases. |
|
|
43.- |
Under
the [70][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. |
[71][Three years]. |
The
date of the payment or distribution. |
|
|
44.- |
By a
ward who has attained majority, to set aside a transfer of property by his
guardian. |
[72][Three years]. |
When
the ward attains majority. |
|
|
45.- |
To
contest an award under any of the following Regulations of the Bengal Code:- |
[73][Three years]. |
The
date of the final award or order in the case. |
|
|
The
Bengal Land-revenue Settlement Regulation, 1822 (7 of 1822). |
||||
|
The
Bengal Land-revenue Settlement Regulation, 1825 (9 of 1825) |
||||
|
The
Bengal Land-revenue (Settlement and Deputy Collectors) Regulation, 1833 (9 of
1833) |
||||
|
46.- |
By a
party bound by such award to recover any property comprised therein. |
[74][Three years]. |
The
date of the final award or order in the case. |
|
|
47.- |
By
any person bound by an order respecting the possession of immovable property
made under the Code of Criminal Procedure, 1898 (5 of 1898), or the
Mamlatdars' Courts Act, 1906 (Bom. 2 of 1906) or by any one claiming under
such person, to recover the property comprised in such order. |
[75][Three years]. |
The
date of the final order in the case. |
|
|
48.- |
For
specific movable property lost or acquired by theft, or dishonest
misappropriation or conversion, or for compensation for wrongfully taking or
detaining the same. |
[76][Three years]. |
When
the person having the right to the possession of the property first learns in
whose possession it is. |
||
|
[77][48-A.- |
To
recover movable property conveyed or bequeathed in trust, deposited or
pawned, and afterwards bought from the trustee, depositary or pawnee for a
valuable consideration. |
Three
years .. |
When
the sale becomes known to the plaintiff.] |
||
|
[78][48-B.- |
To
set aside sale of movable property comprised in a Hindu, Muhammadan or
Buddhist religious or charitable endowment, made by a manager thereof for a
valuable consideration. |
Three
years .. |
When
the sale becomes known to the plaintiff.] |
||
|
49.- |
For
other specific movable property, or for compensation for wrongfully taking or
injuring or wrongfully detaining the same. |
[79][Three years]. |
When
the property is wrong fully taken or injured, or when the detainer's
possession becomes unlawful. |
||
|
50.- |
For
the hire of animals, vehicles, boats or household furniture. |
[80][Three years]. |
When
the hire becomes payable. |
||
|
51.- |
For
the balance of money advanced in payment of goods to be delivered. |
[81][Three years]. |
When
the goods ought to be delivered. |
||
|
52.- |
For
the price of goods sold and delivered, where no fixed period of credit is
agreed upon. |
[82][Three years]. |
The
date of the delivery of the goods. |
||
|
53.- |
For
the price of goods sold and delivered to be paid for after the expiry of a
fixed period of credit. |
[83][Three years]. |
When
the period of credit expires. |
||
|
54.- |
For
the price of goods sold and delivered to be paid for by a bill of exchange,
no such bill being given. |
[84][Three years]. |
When
the period of the proposed bill elapses. |
||
|
55.- |
For
the price of trees or growing crops sold by the plaintiff to the defendant
where no fixed period of credit is agreed upon. |
[85][Three years]. |
The
date of the sale. |
||
|
56.- |
For
the price of work done by the plaintiff for the defendant at his request,
where no time has been fixed for payment. |
[86][Three years]. |
When
the work is done. |
||
|
57.- |
For
money payable for money lent. |
[87][Three years]. |
When
the loan is made. |
||
|
58.- |
Like
suit when the lender has given a cheque for the money. |
[88][Three years]. |
When
the cheque is paid. |
||
|
59.- |
For
money lent under an agreement that it shall be payable on demand. |
[89][Three years]. |
When
the loan is made. |
||
|
60.- |
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. |
[90][Three years]. |
When
the demand is made. |
||
|
61.- |
For
money payable to the plaintiff for money paid for the defendant. |
[91][Three years]. |
When
the money is paid. |
||
|
62.- |
For
money payable by the defendant to the plaintiff for money received by the
defendant for the plaintiff's use. |
[92][Three years]. |
When
the money is received. |
||
|
63.- |
For
money payable for interest upon money due from the defendant to the
plaintiff. |
[93][Three years]. |
When
the interest becomes due. |
||
|
64.- |
For
money payable to the plaintiff for money found to be due from the defendant
to the plaintiff on accounts stated between them. |
[94][Three years]. |
When
the accounts are stated in writing signed by the defendant or his agent duly
authorized 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. |
||
|
65.- |
For compensation
for breach of a promise to do anything at a specified time, or upon the
happening of a specified contingency. |
[95][Three years]. |
When
the time specified arrives or the contingency happens. |
||
|
66.- |
On a
single bond, where a day is specified for payment. |
[96][Three years]. |
The
day so specified. |
||
|
67.- |
On a
single bond, where no such day is specified. |
[97][Three years]. |
The
date of executing the bond. |
||
|
68.- |
On a
bond subject to a condition. |
[98][Three years]. |
When
the condition is broken. |
||
|
69.- |
On a
bill of exchange or promissory note payable at a fixed time after date. |
[99][Three years]. |
When
the bill or note falls due. |
||
|
70.- |
On a
bill of exchange payable at sight or after sight, but not at a fixed time. |
[100][Three years]. |
When
the bill is presented. |
||
|
71.- |
On a
bill of exchange accepted payable at a particular place. |
[101][Three years]. |
When
the bill is presented at that place. |
||
|
72.- |
On a
bill of exchange or promissory note payable at a fixed time after sight or
after demand. |
[102][Three years]. |
When
the fixed time expires. |
||
|
73.- |
On a
bill of exchange or promissory note payable on demand and not accompanied by
any writing restraining or postponing the right to sue. |
[103][Three years]. |
The
date of the bill or note. |
||
|
74.- |
On a
promissory note or bond payable by instalments. |
[104][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. |
||
|
75.- |
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. |
[105][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. |
||
|
76.- |
On a
promissory note given by the maker to a third person to be delivered to the
payee after a certain event should happen. |
[106][Three years]. |
The
date of the delivery to the payee. |
||
|
77.- |
On a
dishonoured foreign bill where protest has been made and notice given. |
[107][Three years]. |
When
the notice is given. |
||
|
78.- |
By
the payee against the drawer of a bill of exchange which has been dishonoured
by non-acceptance. |
[108][Three years]. |
The
date of the refusal to accept. |
||
|
79.- |
By
the acceptor of an accommodation-bill against the drawer. |
[109][Three years]. |
When
the acceptor pays the amount of the bill. |
||
|
80.- |
Suit
on a bill of exchange, promissory note or bond not herein expressly provided
for. |
[110][Three years]. |
When
the bill, note or bond becomes payable. |
||
|
81.- |
By a
surety against the principal debtor. |
[111][Three years]. |
When
the surety pays the creditor. |
||
|
82.- |
By a
surety against a co-surety. |
[112][Three years]. |
When
the surety pays anything in excess of his own share. |
||
|
83.- |
Upon
any other contract to indemnify. |
[113][Three years]. |
When
the plaintiff is actually indemnified. |
||
|
84.- |
By
an attorney or vakil for his costs of a suit or a particular business, there
being no express agreement as to the time when such costs are to be paid. |
[114][Three years]. |
The
date of the termination of the suit or business, or (where the attorney or
vakil properly discontinues the suit or business) the date of such
discontinuance. |
||
|
85.- |
For
the balance due on a mutual, open and current account, where there have been
reciprocal demands between the parties. |
[115][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. |
||
|
86.- |
[116][(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. |
[117][Three years]. |
[118][(a) |
The
date of the death of the deceased. |
|
(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.] |
[119][Three years] |
(b) |
The
date of the occurrence causing the loss.] |
|
|
87.- |
By
the assured to recover premia paid under a policy voidable at the election of
the insurers. |
[120][Three years]. |
When
the insurers elect to avoid the policy. |
||
|
88.- |
Against
a factor for an account. |
[121][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. |
||
|
89.- |
By a
principal against his agent for movable property received by the latter and not
accounted for. |
[122][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. |
||
|
90.- |
Other
suits by principals against agents for neglect or misconduct. |
[123][Three years]. |
When
the neglect or misconduct becomes known to the plaintiff. |
||
|
91.- |
To
cancel or set aside an instrument not otherwise provided for. |
[124][Three years]. |
When
the facts entitling the plaintiff to have the instrument cancelled or set
aside become known to him. |
||
|
92.- |
To
declare the forgery of an instrument issued or registered. |
[125][Three years]. |
When
the issue or registration becomes known to the plaintiff. |
||
|
93.- |
To
declare the forgery of an instrument attempted to be enforced against the
plaintiff. |
[126][Three years]. |
The
date of the attempt. |
||
|
94.- |
For
property which the plaintiff has conveyed while insane. |
[127][Three years]. |
When
the plaintiff is restored to sanity, and has knowledge of the conveyance. |
||
|
95.- |
The
set aside a decree obtained by fraud, or for other relief on the ground of
fraud. |
[128][Three years]. |
When
the fraud becomes known to the party wronged. |
||
|
96.- |
For
relief on the ground of mistake. |
[129][Three years]. |
When
the mistake becomes known to the plaintiff. |
||
|
97.- |
For
money paid upon an existing consideration which afterwards fails. |
[130][Three years]. |
The
date of the failure. |
||
|
98.- |
To
make good out of the general estate of a deceased trustee the loss occasioned
by a breach of trust. |
[131][Three years]. |
The
date of the trustee's death, or, if the loss has not then resulted, the date
of the loss. |
||
|
99.- |
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. |
[132][Three years]. |
The
date of the payment in excess of the plaintiffs own share. |
||
|
100.- |
By a
co-trustee to enforce against the estate of a deceased trustee a claim for
contribution. |
[133][Three years]. |
When
the right to contribution accrues. |
||
|
101.- |
For
a seaman's wages. |
[134][Three years]. |
The
end of the voyage during which the wages are earned. |
||
|
102.- |
For
wages not otherwise expressly provided for by this schedule. |
[135][Three years]. |
When
the wages accrue due. |
||
|
103.- |
By a
Muhammadan for exigible dower (mu'wajjal). |
[136][Three years]. |
When
the dower is demanded and refused or (where, during the continuance of the
marriage no such demand has been made) when the marriage is dissolved by
death or divorce. |
||
|
104.- |
By a
Muhammadan for deferred dower (muwajjal). |
[137][Three years]. |
When
the marriage is dissolved by death or divorce. |
||
|
105.- |
By a
mortgagor after the mortgage has been satisfied, to recover surplus
collections received by the mortgagee. |
[138][Three years]. |
When
the mortgagor re-enters on the mortgaged property. |
||
|
106.- |
For
an account and a share of the profits of a dissolved partnership. |
[139][Three years]. |
The
date of the dissolution. |
||
|
107.- |
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. |
[140][Three years]. |
The
date of the payment. |
||
|
108.- |
By a
lessor for the value of trees cut down by his lessee contrary to the terms of
the lease. |
[141][Three years]. |
When
the trees are cut down. |
||
|
109.- |
For
the profits of immovable property belonging to the plaintiff which have been
wrongfully received by the defendant. |
[142][Three years]. |
When
the profits are received. |
||
|
110.- |
For
arrears of rent. |
[143][Three years]. |
When
the arrears become due. |
||
|
111.- |
By a
vendor of immovable property for personal payment of unpaid purchase-money. |
[144][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. |
||
|
112.- |
For
a call by a company registered under any Statute or Act. |
[145][Three years]. |
When
the call is payable. |
||
|
113.- |
For
specific performance of a contract. |
[146][Three years]. |
The
date fixed for the performance, or, if no such date is fixed, when the
plaintiff has notice that performance is refused. |
||
|
114.- |
For
the rescission of a contract. |
[147][Three years]. |
When
the facts entitling the plaintiff to have the contract rescinded first become
known to him. |
||
|
115.- |
For
compensation for the breach of any contract, express or implied, not in
writing registered and not herein specially provided for. |
[148][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 VII.-Six years. |
|||||
|
116.- |
For
compensation for the breach of a contract in writing registered. |
Six
years . .. |
When
the period of limitation would begin to run against a suit brought on a
similar contract not registered. |
||
|
117.- |
Upon
a foreign judgment as defined in the Code of Civil Procedure, 1908 (5 of
1908). |
[149][Six years] .. |
The
date of the judgment. |
||
|
118.- |
To
obtain a declaration that an alleged adoption is invalid, or never in fact,
took place. |
[150][Six years] .. |
When
the alleged adoption becomes known to the plaintiff. |
||
|
119.- |
To
obtain a declaration that an adoption is valid. |
[151][Six years] .. |
When
the rights of the adopted son, as such, are interfered with. |
||
|
120.- |
Suit
for which no period of limitation is provided elsewhere in this schedule. |
[152][Six years] .. |
When
the right to sue accrues. |
||
|
Part VIII.-Twelve
years. |
|||||
|
121.- |
To
avoid incumbrances or under-tenures in an entire estate sold for arrears of
Government revenue, or in a patni taluq or other saleable tenure sold for
arrears of rent. |
Twelve
years .. |
When
the sale becomes final and conclusive. |
||
|
122.- |
Upon
a judgment obtained in [153][India],
or a recognisance. |
[154][Twelve years]. |
The
date of the judgment or recognisance. |
||
|
123.- |
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. |
[155][Twelve years]. |
When
the legacy or share be comes payable or deliverable. |
||
|
124.- |
For
possession of an hereditary office. |
[156][Twelve years]. |
Where
the defendant takes possession of the office adversely to the plaintiff. |
||
|
Explanation.-An hereditary office is possessed when the
profits thereof are usually received, or (if there are no profits) when the
duties thereof are usually performed. |
|||||
|
125.- |
Suit
during the life of a Hindu or Muhammadan female by a Hindu or Muhammadan 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 remarriage. |
[157][Twelve years]. |
The
date of the alienation. |
||
|
126.- |
By a
Hindu governed by the law of the Mitakshara to set aside his father's
alienation of ancestral property. |
[158][Twelve years]. |
When
the alienee takes possession of the property. |
||
|
127.- |
By a
person excluded from joint family property to enforce a right to share
therein. |
[159][Twelve years]. |
When
the exclusion becomes known to the plaintiff. |
||
|
128.- |
By a
Hindu for arrears of maintenance. |
[160][Twelve years]. |
When
the arrears are payable. |
||
|
129.- |
By a
Hindu for a declaration of his right to maintenance. |
[161][Twelve years]. |
When
the right is denied. |
||
|
130.- |
For
the resumption or assessment of rent-free land. |
[162][Twelve years]. |
When
the right to resume or assess the land first accrues. |
||
|
131.- |
To
establish a periodically recurring right. |
[163][Twelve years]. |
When
the plaintiff is first refused the enjoyment of the right. |
||
|
132.- |
To
enforce payment of money charged upon immovable property. |
[164][Twelve years]. |
When
the money sued for becomes due. |
||
|
[165][Explanation.-For
the purposes of this article- |
|||||
|
(a) |
the
allowance and fees respectively called malikana and haqqs,
and |
||||
|
(b) |
the
value of any agricultural or other produce the right to receive which is
secured by a charge upon immovable property, [166][and |
||||
|
(c) |
advances
secured by mortgage by deposit of titledeeds] |
||||
|
shall
be deemed to be money charged upon immovable property.] |
|||||
|
[167][* * *] |
[168][* * *] |
[169][* * *] |
|||
|
134.- |
To
recover possession of immovable property conveyed or bequeathed in trust or
mortgaged and afterwards transferred by the trustee or mortgagee for a
valuable consideration. |
[170][Twelve years]. |
[171][When the transfer becomes known to the
plaintiff.] |
||
|
[172][134-A.- |
To
set aside a transfer of immovable property comprised in a Hindu, Muhammadan
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. |
||
|
134-B.- |
By
the manager of a Hindu, Muhammandan or Buddhist religious or charitable
endowment to recover possession of immovable property comprised in the
endowment which has been transferred by a previous manager for a valuable
consideration. |
Twelve
years .. |
The
death, resignation or removal of the transferor. |
||
|
134-C.- |
By
the manager of a Hindu, Muhammadan or Buddhist religious or charitable
endowment to recover possession of movable property comprised in the
endowment which has been sold by a previous manager for a valuable
consideration. |
Twelve
years .. |
The
death, resignation or removal of the seller.] |
||
|
135.- |
Suit
instituted in a Court not established by Royal Charter by a mortgagee for
possession of immovable property mortgaged. |
[173][Twelve years]. |
When
the mortgagor's right to possession determines. |
||
|
136.- |
By a
purchaser at a private sale for possession of immovable property sold when
the vendor was out of possession at the date of the sale. |
[174][Twelve years]. |
When
the vendor is first entitled to possession. |
||
|
137.- |
Like
suit by a purchaser at a sale in execution of decree, when the
judgment-debtor was out of possession at the date of the sale. |
[175][Twelve years]. |
When
the judgment-debtor is first entitled to possession. |
||
|
138.- |
Like
suit by a purchaser at a sale in execution of a decree, when the
judgement-debtor was in possession at the date of the sale. |
[176][Twelve years]. |
The
date when the sale becomes absolute. |
||
|
139.- |
By a
landlord to recover possession from a tenant. |
[177][Twelve years]. |
When
the tenancy is determined. |
||
|
140.- |
By a
remainderman, a reversioner (other than a landlord) or a devisee, for
possession of immovable property. |
[178][Twelve years]. |
When
his estate falls into possession. |
||
|
141.- |
Like
suit by a Hindu or Muhammadan entitled to the possession of immovable
property on the death of a Hindu or muhammadan female. |
[179][Twelve years]. |
When
the female dies. |
||
|
[180]142.- |
For
possession of immovable property when the plaintiff, while in possession of
the property, has been dispossessed or has discontinued the possession. |
[181][Twelve years]. |
The
date of the dispossession or discontinuance. |
||
|
143.- |
Like
suit, when the plaintiff has become entitled by reason of any forfeiture or
breach of condition. |
[182][Twelve years]. |
When
the forfeiture is incurred or the condition is broken. |
||
|
[183]144.- |
For
possession of immovable property or any interest therein not hereby otherwise
specially provided for. |
[184][Twelve years]. |
When
the possession of the defendant becomes adverse to the plaintiff. |
||
|
Part IX.-Thirty years. |
|||||
|
145.- |
Against
a depositary or pawnee to recover movable property deposited or pawned. |
Thirty
years .. |
The
date of the deposit or pawn. |
||
|
146.- |
Before
a Court established by Royal Charter in the exercise of its ordinary original
civil jurisdiction by a mortgagee to recover from the mortgagor the
possession of immovable property mortgaged. |
[185][Thirty years]. |
When
any part of the principal or interest was last paid on account of the
mortgage debt. |
||
|
146-A.- |
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. |
[186][Thirty years]. |
The
date of the dispossession or discontinuance. |
||
|
Part X.-Sixty years. |
|||||
|
147.- |
By a
mortgagee for foreclosure or sale. |
Sixty
years .. |
When
the money secured by the mortgage becomes due. |
||
|
148.- |
Against
a mortgagee to redeem or to recover possession of immovable property
mortgaged. |
[187][Sixty years]. |
When
the right o redeem or to recover possession accrues: Provided that all claims
to redeem arising under instruments of mortgage of immovable property situate
in Lower Burma which had been executed before the first day of May, 1863,
shall be governed by the rules of limitation in force in that State
immediately before the same day. |
||
|
149.- |
Any
suit by or on behalf of [188][*
* *] [189][[190][*
* *], the Central Government or any State Government] [191][except
a suit before the [192][Supreme
Court] in the exercise of its original jurisdiction]. |
[193][Sixty years]. |
When
the period of limitation would begin to run under this Act against a like
suit by a private person. |
||
Second Division :
Appeals
|
Description
of appeal |
Period
of Limitation |
Time
from which period begins to run |
|
|
150.- |
Under
the Code of Criminal Procedure, 1898 (5 of 1898), from a sentence of death
passed by a Court of Session [194][or
by a High Court in the exercise of its original criminal jurisdiction]. |
Seven
days .. |
The
date of the sentence. |
|
[195][* * *] |
[196][* * *] |
[197][* * *] |
|
|
151.- |
From
a decree or order of any of the High Courts of Judicature at Fort
William, [198][Madras
and Bombay, or of the High Court of Punjab] in the exercise of its original
jurisdiction. |
Twenty
days .. |
The
date of the decree or order. |
|
152.- |
Under
the Code of Civil Procedure, 1908 (5 of 1908), to the Court of a District
Judge. |
Thirty
days .. |
The
date of the decree or order appealed from. |
|
153.- |
Under
the same Code to a High Court from an order of a Subordinate Court refusing
leave to appeal to [199][the
Supreme Court]. |
[200][Thirty days]. |
The
date of the order. |
|
154.- |
Under
the Code of Criminal Procedure, 1898 (5 of 1898), to any Court other than a
High Court. |
[201][Thirty days]. |
The
date of the sentence or order appealed from. |
|
155.- |
Under
the same Code to a High Court, except in the cases provided for by Article
150 and Article 157. |
Sixty
days . .. |
The
date of the sentence or order appealed from. |
|
156.- |
Under
the Code of Civil Procedure, 1908 (5 of 1908), to a High Court, except in the
cases provided for by Article 151 and Article 153. |
Ninety
days .. |
The
date of the decree or order appealed from. |
|
157.- |
Under
the Code of Criminal Procedure, 1898 (5 of 1898), from an order of acquittal. |
[202][Three months]. |
The
date of the order appealed from. |
Third Division :
Applications
|
Description
of application |
Period
of Limitation |
Time
from which period begins to run |
||
|
[203][158.- |
Under
the Arbitration Act, 1940 (10 of 1940), to set aside an award or to get an
award remitted for reconsideration. |
Thirty
days .. |
The
date of service of the notice of filing of the award.] |
|
|
159.- |
For
leave to appear and defend a suit under summary procedure referred to in
Section 128(2)(f) [204][or
under Order XXXVII] of the [205][Code
of Civil Procedure, 1908 (5 of 1908)]. |
[206][Ten days] .. |
When
the summons is served. |
|
|
160.- |
For
an order under the same Code, to restore to the file an application for
review rejected in consequence of the failure of the applicant to appear when
the application was called on for hearing. |
Fifteen
days .. |
When
the application for review is rejected |
|
|
161.- |
For
a review of judgment by a [207][*
* *] Court of Small Causes [208](other
than a Presidency Small Cause Court)] or by a Court invested with the
jurisdiction of a [209][*
* *] Court of Small Causes when exercising that jurisdiction. |
[210][Fifteen days]. |
The
date of the decree or order. |
|
|
162.- |
For
a review of judgment by any of [211][the
following Courts, namely,] [212][the
High Courts at Calcutta and Madras and the High Courts of Bombay, Madhya
Pradesh and Punjab] in the exercise of its original jurisdiction. |
Twenty
days .. |
The
date of the decree or order. |
|
|
163.- |
By a
plaintiff, for an order to set aside a dismissal for default of appearance or
for failure to pay costs of service of process or to furnish security for
costs. |
Thirty
days .. |
The
date of the dismissal. |
|
|
164.- |
By a
defendant, for an order to set aside a decree passed ex parte. |
[213][Thirty days]. |
The
date of the decree or, where the summons was not duly served, when the
applicant has knowledge of the decree. |
|
|
165.- |
Under
the Code of Civil Procedure, 1908 (5 of 1908) by a person dispossessed of
immovable property and disputing the right of the decree-holder or purchaser
at a sale in execution of a decree to be put into possession. |
[214][Thirty days]. |
The
date of the dispossession. |
|
|
166.- |
Under
the same Code to set aside a sale in execution of a decree [215][including
any such application by a judgment-debtor]. |
[216][Thirty days]. |
The
date of the sale. |
|
|
167.- |
Complaining
of resistance or obstruction to delivery of possession of immovable property
decreed or sold in execution of a decree. |
[217][Thirty days]. |
The
date of the resistance or obstruction. |
|
|
168.- |
For
the re-admission of an appeal dismissed for want of prosecution. |
[218][Thirty days]. |
The
date of the dismissal. |
|
|
169.- |
For
the re-hearing of an appeal heard ex
parte. |
[219][Thirty days]. |
The
date of the decree in appeal, or, where notice of the appeal was not duly
served, when the applicant has knowledge of the decree. |
|
|
170.- |
For
leave to appeal as a pauper. |
[220][Thirty days]. |
The
date of the decree appealed from. |
|
|
171.- |
Under
the Code of Civil Procedure, 1908 (5 of 1908), for an order to set aside an
abatement. |
Sixty
days . .. |
The
date of the abatement. |
|
|
172.- |
Under
the same Code by the assignee or the receiver of an insolvent plaintiff or
appellant for an order to set aside the dismissal of a suit or an appeal. |
[221][Sixty days] .. |
The
date of the order of dismissal. |
|
|
173.- |
For
a review of judgment except in the cases provided for by Article 161 and
Article 162. |
Ninety
days .. |
The
date of the decree or order. |
|
|
174.- |
For
the issue of a notice under the same Code, to show cause why any payment made
out of Court of any money payable under a decree or any adjustment of the
decree should not be recorded as certified. |
[222][Ninety days]. |
When
the payment or adjustment is made. |
|
|
175.- |
For
payment of the amount of a decree by instalments. |
Six
months .. |
The
date of the decree. |
|
|
176.- |
Under
the same Code to have the legal representative of a deceased plaintiff or of
a deceased appellant made a party. |
[223][Ninety days]. |
The
date of the death of the deceased plaintiff or appellant. |
|
|
177.- |
Under
the same Code to have the legal representative of a deceased defendant or of
a deceased respondent made a party. |
[224][Ninety days]. |
The
date of the death of the deceased defendant or respondent. |
|
|
[225][178.- |
Under
the Arbitration Act, 1940 (10 of 1940), for the filing in Court of an award. |
Ninety
days .. |
The
date of service of the notice of the making of the award.] |
|
|
179.- |
By a
person desiring to appeal under the [226][Code
of Civil Procedure, 1908] to [227][the
Supreme Court] for leave to appeal. |
[228][Ninety days]. |
The
date of the decree appealed from. |
|
|
180.- |
By a
purchaser of immovable property at a sale in execution of a decree for
delivery of possession. |
Three
years .. |
When
the sale becomes absolute. |
|
|
181.- |
Application
for which no period of limitation is provided elsewhere in this schedule or
by Section 48 of the Code of Civil Procedure, 1908 (5 of 1908). |
[229][Three years]. |
When
the right to apply accrues. |
|
|
182.- |
For
the execution of a decree or order of any Civil Court not provided for by |
Three
years; or, where a certified |
1. |
The
date of the decree or order, or |
|
Article
183 or by Section 48 of the Code of Civil Procedure, 1908 (5 of 1908). |
copy
of the decree or order has been registered, six years. |
2. |
(where
there has been an appeal) the date of the final decree or order of the
Appellate Court, or the withdrawal of the appeal, or |
|
|
3. |
(where
there has been a review of judgment) the date of the decision passed on the
review, or |
|||
|
4. |
(where
the decree has been amended) the date of amendment, or |
|||
|
5. |
(where
the application next hereinafter mentioned has been made) the date of [230][the
final order passed on an application made] in accordance with law to the
proper Court for execution or to take some step in aid of execution of the
decree or order, or |
|||
|
6. |
[231][(in respect of any amount, recovered by
execution of the decree or order, which the decree-holder has been directed
to refund by a decree passed in a suit for such refund) the date of such
last-mentioned decree or, in the case of an appeal therefrom, the date of the
final decree of the Appellate Court or of the withdrawal of the appeal], or |
|||
|
7. |
(where
the application is to enforce any payment which the decree or order directs
to be made at a certain date) such date. |
|||
|
Explanation I.-Where the decree or order has been passed
severally in favour of more persons than one, distinguishing portions of the
subject-matter as payable or deliverable to each, the application mentioned
in clause 5 of this article shall take effect in favour only of such of the
said persons or their representatives as it may be made by. But where the
decree or order has been passed jointly in favour of more persons than one,
such application, if made by any one or more of them, or by his or their
representatives, shall take effect in favour of them all. |
||||
|
Where
the decree or order has been passed severally against more persons than one,
distinguishing portions of the subject-matter as payable or deliverable by
each, the application shall take effect against only such of the said persons
or their representatives as it may be made against. But, where the decree or
order has been passed jointly against more persons than one, the application,
if made against any one or more of them or against his or their representatives,
shall take effect against them all. |
||||
|
Explanation II.-?Proper Court? means the Court whose duty it is
to execute the decree or order. |
||||
|
183.- |
To
enforce a judgment, decree or order of any Court established by Royal Charter
in the exercise of its ordinary original civil jurisdiction, or an order
of [232][the
Supreme Court]. |
Twelve
years. |
When
a present right to enforce the judgment, decree or order accrues to some
person capable of releasing the right: |
|
|
Provided
that when the judgment, decree or order has been revived, or some part of the
principal money secured thereby, or some interest on such money has been
paid, or some acknowledgment of the right thereto has been given in writing
signed by the person liable to pay such principal or interest, or his agent,
to the person entitled thereto or his agent, the twelve years shall be
computed from the date of such revivor, payment or acknowledgment or the
latest of such revivors, payments, or acknowledgments, as the case may be. |
||||
SECOND SCHEDULE
Territories referred to
in Section 31.-[Repealed by the Repealing and Amending Act, 1930 (8 of 1930), Section
3 and Schedule II.]
THIRD SCHEDULE
Enactments repealed.-[Repealed
by the Second Repealing and Amending Act, 1914 (17 of 1914), Section 3 and Schedule II.]
[1]
The Act has been
amended in Bombay by the Bombay Acts 13 of 1912 and 6 of 1937 and in Uttar
Pradesh by U.P. Act 24 of 1954.
[2]
Substituted by
Act 3 of 1951, Section 3 and Schedule, for ?except Part B States?.
[3]
Substituted by
the A.O. 1948 for ?British India?.
[4]
Substituted by
the A.O. 1948 for ?British India?.
[5]
Substituted by
Act 3 of 1951, Section 3 and Schedule, for the former clause (9-A)
as inserted by the A.O. 1950.
[6]
Substituted by
Act 3 of 1951, Section 3 and Schedule, for the former clause (9-A)
as inserted by the A.O. 1950.
[7]
Sections 6 to 9
do not apply to suits, appeals or applications under the Bengal Public Demands
Recovery Act, 1913 (Ben. 3 of 1913), see Section 56 of that Act.
[8]
See foot-note
to Section 6, supra.
[9]
See foot-note
to Section 6, supra.
[10]
See foot-note
to Section 6, supra.
[11]
See foot-note
to Section 6, supra.
[12]
See foot-note
to Section 6, supra.
[13]
See foot-note
to Section 6, supra.
[14]
See foot-note
to Section 6, supra.
[15]
Substituted by
Act 3 of 1951, Section 3 and Schedule, for ?the States?.
[16]
Substituted by
the A.O. 1937 for ?the Govt.?.
[17]
The words ?or
the Crown Representative? repealed by the A.O. 1948.
[18]
Substituted by
Act 16 of 1942, Section 2, for the original words.
[19]
Substituted by
Act 1 of 1927, Section 2, for the original proviso.
[20]
Inserted by
Act 1 of 1927, Section 3.
[21]
Substituted by
Act 10 of 1922, Section 3, for the original sub-section (1).
[22]
The original
sub-sections (2) and (3) renumbered (3) and (4) by Act 10 of 1922,
Section 3.
[23]
The original
sub-sections (2) and (3) renumbered (3) and (4) by Act 10 of 1922,
Section 3.
[24]
Inserted by
Act 3 of 195, Section 3 and Schedule. The original Section 30
was repealed by Act 8 of 1930, Section 3 and Schedule II.
[25]
Omitted by
2 A.L.O., 1956 (w.e.f. 1-11-1956).
[26]
Substituted by
Act 3 of 1951, Section 3 and Schedule, for ?the States?.
[27]
Substituted by
Act 3 of 1951, Section 3 and Schedule, for ?the States?.
[28]
Substituted by
Act 3 of 1951, Section 3 and Schedule, for ?the States?.
[29]
Article 4
relating to suits under the Employers and Workmen (Disputes) Act,
1860, repealed by Act 20 of 1937, Section 3 and Schedule II.
[30]
Inserted by
Act 30 of 1925, Section 2.
[31]
Inserted by
Act 30 of 1925, Section 2.
[32]
Substituted by
Act 30 of 1925, Section 2, for ?six months?.
[33]
The heading
?Part IV-One year? repealed by Act 30 of 1925, Section 2.
[34]
The words
and figure ?not provided for by this schedule, Article
4?, repealed by Act 34 of 1939, Section 2 and Schedule I.
[35]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[36]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[37]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[38]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[39]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[40]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[41]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[42]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[43]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[44]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[45]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[46]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[47]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[48]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[49]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[50]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[51]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[52]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[53]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[54]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[55]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[56]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[57]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[58]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[59]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[60]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[61]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[62]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[63]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[64]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[65]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[66]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[67]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[68]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[69]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[70]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[71]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[72]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[73]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[74]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[75]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[76]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[77]
Inserted by
Act 1 of 1929, Section 3.
[78]
Inserted by
Act 1 of 1929, Section 3.
[79]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[80]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[81]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[82]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?
[83]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[84]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[85]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[86]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[87]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[88]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[89]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?
[90]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[91]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[92]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[93]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[94]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[95]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[96]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[97]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[98]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[99]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[100]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[101]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[102]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[103]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[104]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[105]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[106]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[107]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[108]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[109]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[110]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[111]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[112]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[113]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[114]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[115]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[116]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[117]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[118]
Substituted by
Act 4 of 1938, Section 122, as inserted by Act 13 of 1941, Section
68. The original Section 122 of Act 4 of 1938, amending Article 86,
was repealed by Act 11 of 1939, Section 34.
[119]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[120]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[121]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[122]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[123]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[124]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[125]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[126]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[127]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[128]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[129]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[130]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[131]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?
[132]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[133]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[134]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[135]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[136]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[137]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[138]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[139]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[140]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[141]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[142]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[143]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[144]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[145]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[146]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[147]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[148]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[149]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[150]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[151]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[152]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[153]
Substituted by
Act 3 of 1951, Section 3 and Schedule, for ?the States?.
[154]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[155]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[156]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[157]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[158]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[159]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[160]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[161]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[162]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[163]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[164]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[165]
Substituted by
Act 1 of 1927, Section 4, for the original explanation.
[166]
Inserted by
Act 21 of 1929, Section 9.
[167]
Article
133 repealed by Act 1 of 1929, Section 3.
[168]
Article
133 repealed by Act 1 of 1929, Section 3.
[169]
Article
133 repealed by Act 1 of 1929, Section 3.
[170]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[171]
Substituted by
Act 1 of 1929, Section 3, for ?the date of the transfer?.
[172]
Articles 134-A,
134-B and 134-C inserted by Act 1 of 1929, Section 3.
[173]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[174]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[175]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[176]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[177]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[178]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[179]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[180]
Extension of
period of limitation in certain cases for suits to recover possession of
immovable property forming part of public wakfs.-Where a person entitled to
institute a suit of the description referred to in Article 142 or Article 144
of the First Schedule to the Indian Limitation Act, 1908 (9 of 1908), for
possession of any immovable property forming part of a public wakf or any
interest therein has been dispossessed, or has discontinued the possession, at
any time after the 14th day of August, 1947, and before the 7th day of May,
1954, or, as the case may be, the possession of the defendant in such a suit
has become adverse to such person at any time during the said period, then,
notwithstanding anything contained in the said Act, the period of limitation in
respect of such a suit shall extend up to the 15th day of August, 1967.
[Vide Act 29 of 1959, Section 3.]
[181]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[182]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[183]
Extension of period
of limitation in certain cases for suits to recover possession of immovable
property forming part of public wakfs.-Where a person entitled to institute a
suit of the description referred to in Article 142 or Article 144 of the First
Schedule to the Indian Limitation Act, 1908 (9 of 1908), for possession of any
immovable property forming part of a public wakf or any interest therein has
been dispossessed, or has discontinued the possession, at any time after the
14th day of August, 1947, and before the 7th day of May, 1954, or, as the case
may be, the possession of the defendant in such a suit has become adverse to
such person at any time during the said period, then, notwithstanding anything
contained in the said Act, the period of limitation in respect of such a suit
shall extend up to the 15th day of August, 1967. [Vide Act 29 of 1959,
Section 3.]
[184]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[185]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[186]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[187]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[188]
The words ?the
Secretary of State for India in Council? repealed by the A.O. 1948.
[189]
Inserted by
the A.O. 1937.
[190]
The words ?the
Secretary of State, the Crown Representative? repealed by the A.O.
1948.
[191]
Inserted by
Act 14 of 1937, Section 2.
[192]
Substituted by
the A.O. 1950 for ?Federal Court?.
[193]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[194]
Inserted by
Act 26 of 1943, Section 8.
[195]
Article
150-A inserted by Act 12 of 1923, Section 42, repealed by
Act 17 of 1949, Section 6.
[196]
Article
150-A inserted by Act 12 of 1923, Section 42, repealed by
Act 17 of 1949, Section 6.
[197]
Article
150-A inserted by Act 12 of 1923, Section 42, repealed by
Act 17 of 1949, Section 6.
[198]
The words
?Madras and Bombay or the Chief Court of the Punjab or the Chief Court of Lower
Burma? have successively been amended by Act 8 of 1930, Section 2 and Schedule
I, A.O. 1937 and A.O. 1948 to read as above.
[199]
Substituted by
A.O. 1950 for ?His Majesty in Council?.
[200]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[201]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[202]
Substituted by
Act 26 of 1955, Section 117 and Schedule, for ?six months? (w.e.f. 1-1-1956).
[203]
Substituted by
Act 10 of 1940, Section 49(2) and Schedule IV, for the former entry.
[204]
Substituted by
Act 10 of 1940, Section 49(2) and Schedule IV, for the former entry.
[205]
Substituted by
Act 10 of 1940, Section 49(2) and Schedule IV, for ?same Code?.
[206]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[207]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[208]
Inserted by
Act 4 of 1941, Section 2 and Schedule III.
[209]
The word
?Provincial? repealed by Act 4 of 1941, Section 2 and Schedule III.
[210]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[211]
Inserted by
Act 10 of 1927, Section 2 and Schedule I.
[212]
Substituted by
2 A.L.O., 1956 (w.e.f. 1-11-1956).
[213]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[214]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[215]
Inserted by
Act 1 of 1927, Section 4.
[216]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[217]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[218]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[219]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[220]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[221]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[222]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[223]
Substituted by
Act 26 of 1920, Section 2, for ?Ditto?.
[224]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[225]
Substituted by
Act 10 of 1940, Section 49(2) and Schedule IV, for the former article.
[226]
Substituted by
Act 10 of 1940, Section 49(2) and Schedule IV, for ?same Code?.
[227]
Substituted by
the A.O. 1950 for ?His Majesty in Council?.
[228]
Substituted by
Act 26 of 1920, Section 2, for ?Ditto?.
[229]
Substituted by
Act 11 of 1923, Section 2 and Schedule I, for ?Ditto?.
[230]
Substituted by
Act 9 of 1927, Section 2, for ?applying?.
[231]
Substituted by
Act 9 of 1927, Section 2, for the original clause 6.
[232]
Substituted by
the A.O. 1950 for ?His Majesty in Council?.