LIMITATION ACT, SVT. 1995 [REPEALED] THE LIMITATION ACT, SVT. 1995 (1938 A.D.)[REPEALED] [Act No. 9 of 1995] [07th Assuj, 1995] An Act to Consolidate and amend the Law for the Limitation of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
property; It is hereby enacted as follows:- (1)
This Act may be called the Limitation Act No. IX of 1995. (2)
It extends to the whole of Jammu and Kashmir State including the
Illaqas of Poonch and Chenani. (3)
It shall come into force one year after the date when after
receiving the assent of His Highness the Maharaja Bahadur it is published in
the Government Gazette, 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)
"bills of exchange" include a hundi, brat 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 by; (4)
"defendant" includes any person from or through whom a
defendant derives his liability to be sued; (5)
omitted; (6)
"foreign country" means any country other than India; (7)
"good faith" nothing shall be deemed to be 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; (10)
"suit" does not include an appeal or an application; and (11)
"trustee" does not include a benamindar, a mortgagee
remaining in possession after the mortgagee has been satisfied, or a wrong-doer
in possession without title. 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. 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. An appeal or an application
for a review of a judgment or for leave to appeal or an application to set
aside an order of dismissal of a suit for plaintiffs default or an application
to set aside a decree passed ex-parte in an original suit or appeal or an
application to bring the heirs of a deceased party on the record or an
application to set aside an order of abatement of a suit or appeal or any other
application to which this section may be made applicable by or under an
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. (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, 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 X during his minority. After the accruer
but while X is still a minor, he becomes insane. Time runs against X 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 suceeded by Y, his minor son, Time runs against Y
from the date of his attaining majority. Where one of several
persons jointly entitled to institute a suit or make an application for
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 H 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. Nothing in section 6 or in
section 7 applies to suits to enforce rights of prior purchase, 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 an extension of two years will be allowed to 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 to 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 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. 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 the suit to recover the debt
shall be suspended while the administration continues. [1][Provided
further that where any area has been notified as a disturbed area under the
Jammu and Kashmir Disturbed Areas Act, 1992, the running of time prescribed for
institution of the suit or for execution of a decree or order of any civil
court shall be suspended while the area continues to be so disturbed in respect
of suits described in Articles 87 and 88 in Part VII, Article 135 in Part VIII
and Article 182 of Part X of the First Schedule.] Notwithstanding anything
herein before contained, no suit against a person in whom property has become
vested in trust for any specific purpose, or against his legal representatives
or assingns (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. For the purposes of this
section any property comprised in Hindu, Mohammedan, Budhist 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. (1)
Suits instituted in the State 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 the State 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. (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, an
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. In an appeal from an appellate
decree or order so much of the time requisite for obtaining a copy of the
judgment of the Court of first instance for the purpose of being filed with the
memorandum of appeal shall also be excluded as may be in excess of the time
spent in
obtaining a copy of the decree or order appealed against and that of the
judgment on which the said decree is founded, but no part of the time common to
the copies shall be counted twice over. Illustrations An application for copy of
the decree appealed against and the judgment on which the said decree is
founded is made on the 10th of June. An application for copy of the first Courts's
judgement is made on the 25th June. The period requisite for the supply of
copies under the first application runs up to the 5th July and under the second
to the 10th July. The time common to the copies from the 25th of June to the
5th of July shall be counted only once. (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.
Where in filing a second appeal it is incumbent on the appellant to file a copy
of the judgment of the first Court, the time requisite for obtaining such copy
shall 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. Explanation. - The time
requisite for obtaining a copy will be the time between the date when the
estimated cost of a copy is paid in by the applicant in accordance with the
order passed in this respect and the date when the copy is ready and a notice
is put up notifying the fact. The day of paying the cost of the copy and the
day on which the copy is delivered will both be excluded. In computing the period of
limitation prescribed for any suit, the time during which the defendant has
been absent from the State shall be excluded. (1)
In computing the period of limitation prescribed for any suit, the
time during which the plaintiff has been 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 first 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 like nature with defect of jurisdiction. Explanation IV. - In
suitable cases proceedings in the Revenue Department may come within the
expression civil proceedings as used in the section. (1)
In computing the period of limitation prescribed for any suit or
application for the execution of a decree, the institution 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. 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. (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 prior purchase or to suits for the possession of immovable property
or of an hereditary office. 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 there to, 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 hereby or, in
the case of the concealed document, when he first had the means of producing it
or compelling its production. (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 derived 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 Evidence Act (XIII of 1977), oral evidence of its contents
shall not be received. Explanation I. - For the
purposes 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 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 authorised 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. (1) Where
interest on a debt or legacy is, before the expiration of the prescribed period,
paid as such by the person liable to pay the debt or legacy, or by his agent
duly authorised in this behalf, or where part of the principal of a debt is,
before the expiration of the prescribed period, paid by the debtor or by his
agent duly authorised in this behalf, a fresh period of limitation shall be
computed from the time when the payment was made: Provided that, 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 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. (1)
The expression "agent duly authorised 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 authorised 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 mortgagee chargeable by reason only of a written acknowledgment
signed or of payment made by, or by the agent of, any other or others of them. (3)
For the purposes of the said sections- (a)
an acknowledgment signed, or payment made, in respect of any
liability, by, or by the duly authorised 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 reversioner
succeeding to such liability; and (b)
where 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
authorised agent of, the manager of the family for the time being shall be
deemed to have been made on behalf of the whole family. (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. 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. 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. Illustrations A owns the surface of a
field. B owns the sub-soil. B digs coal thereout without causing any immediate
apparent 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 All instruments shall for
the purpose of this Act be deemed to be made with reference to the [2][Gregorian]
calendar.
Preamble - THE LIMITATION ACT, SVT. 1995 (1938 A.D.) [REPEALED]PREAMBLE
Illustrations
(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 the expiration of four months after date computed
according to the [3][Gregorian]
calendar.
(a)
A Hindu makes 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 dated computed according to
the [4][Gregorian]
calendar.
Section 26 - [Omitted]
Omitted
Section 27 - [Omitted]
Omitted
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.
Section 29 - Savings
(1)
Nothing in this Act shall affect section 25 of the Contract Act
(IX of 1977)
(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, 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.
Section 30 - Provision for suits for which the period prescribed is shorter than that prescribed by the Limitation Regulation of 1977
Notwithstanding anything
herein contained, any suit for which the period of limitation prescribed by
this Act is shorter than the period of limitation prescribed by the limitation
Regulation, 1977, may be instituted within the period of 11/2 years this comes
into force or within the period prescribed for such suit by the Limitation
Regulation of 1977, which ever period expires first.
Section 31 - Saving of limitation as regards pending suits
No suit, appeal or other
proceeding pending in any Court at the date of the commencement of this Act
shall be dismissed on the ground that it is barred by limitation, provided it
was not so barred at the date of its institution under the Limitation
Regulation of 1977.
Section 32 - Repeal
The Limitation Regulation
XXIV of 1977 is hereby repealed.
Schedule - THE FIRST SCHEDULE
THE 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 under
the Waste Land Rules. |
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 the State. |
Ninety days |
When the act or omission
take place. |
|
PART
III. - Six months |
|||
|
3. |
Under the Specific Relief
Act, section 9, to recover possession of immovable property. |
Six months |
When the dispossession
occurs. |
|
4. |
Omitted. |
|
|
|
PART
IV.-One year |
|||
|
5. |
Omitted |
|
|
|
6. |
Upon any law or bye-law,
for penalty or forfeiture. |
One Year. |
When the penalty or
forfeiture is incurred. |
|
7. |
For the wages of a
household sevant, artisan or labourer. |
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. |
One Year. |
When the food or drink is
delivered. |
|
9. |
For the price of lodging. |
One Year |
When the price becomes
payable. |
|
10. |
To enforce/a right of
prior purchase whether based on law, usage or on special contract. |
One Year |
When the purchaser 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 registration of the instrument of sale is
completed. |
|
11. |
By a person, against whom
the following order has been made to establish the right which he claims to
the property comprised in the order- |
One Year |
From the date of the
order. |
|
|
Order under the Code of
Civil Procedure, on a Claim. |
|
|
|
|
preferred to, or an
objection made to the attachment of property attached in execution of a
decree |
|
|
|
11-A. |
By a person against whom
an order has been made under the Code of Civil Procedure, 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 or 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. |
One Year |
The date of the order. |
|
12. |
To set aside any of the
following sales :- |
One Year |
When the sale is
confirmed, or would otherwise have become final and conclusive had no such
suit been brought. |
|
(a) Sale in execution of
a decree of a Civil Court. |
|||
|
(b) sale in pursuance of
a decree or order of a collector or other officer of Revenue (c) sale for arrears of
Government revenue, or for any demand recoverable as such arrears. |
|||
|
13. |
To alter or setaside a
decision or order of a Civil Court in any proceeding other than a suit. |
One Year. |
The date of the final
decision or order in the case by a Court competent to determine it Finally |
|
14. |
To setaside any act or
order of an officer of Government in his official capacity, not herein
otherwise expressly provided for. |
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 arrears of Government revenue. |
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 demands recoverable as such arrears. |
One Year |
When the payment is made. |
|
17. |
Against Government for
compensation for land acquired for public purposes. |
One Year |
The date of determining
the amount of compensation. |
|
18. |
Like suit for compensation
when the acquisition is not completed. |
One Year |
The date of the refusal
to complete. |
|
19. |
For compensation for
false imprisonment. |
One Year |
When the imprisonment
ends. |
|
20. |
By executors,
administrators or representatives under the Legal, representatives Suits Act. |
One Year |
The date of the death of
the person wronged. |
|
21. |
By executors,
administrators or representatives under the Fatal Accidents Act. |
One Year |
The date of the death of
the person killed. |
|
22. |
For compensation for any other
injury to the person. |
One Year |
When the injury is
committed. |
|
23. |
For compensation for a
malicious Prosecution. |
One Year |
When the plaintiff is
acquitted, or the prosecution is otherwise terminated. |
|
24. |
For compensation for
libel. |
One Year |
When the libel is
published. ; |
|
25. |
For compensation for
slander. |
One Year. |
When the Words are
spoken, or, if the words are not actionable in themselves, when the special
damage complained of results. |
|
26. |
For compensation for loss
of service occasioned by the seduction of the plaintiffs servant or daughter. |
One Year. |
When the loss occurs. |
|
27. |
For compensation for
inducing a person to break a contract with the plaintiff. |
One Year. |
The date of the breach. |
|
28. |
For compensation for an
illegal, irregular or excessive distress. |
One Year. |
The date of the distress. |
|
29. |
For compensation for
wrongful seizure of moveable property under legal process. |
One Year. |
The date of seizure. |
|
30. |
Deleted by Act XI of 1979 |
|
|
|
31. |
Deleted by Act XI of 1979 |
|
|
|
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, against an executor. |
Two Years. |
When the wrong complained
of is done. |
|
34. |
Under the same Act
against an administrator. |
Two Years. |
Ditto. |
|
35. |
Under the same Act
against any other representative. |
Two Years. |
Ditto. |
|
36. |
For compensation for any
malfeasance, misfeasance or nonfeasance independent of contract and not
herein specially provided for. |
Two Years. |
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. |
Three Years. |
The date of the
diversion. |
|
39. |
For compensation for
tress-pass upon immovable property. |
Three Years. |
The date of the
tresspass. |
|
40. |
For compensation for
infringing copyright or any other exclusive privilege. |
Three Years. |
The date of the
infringement. |
|
41. |
To restrain waste. |
Three Years. |
When the waste begins. |
|
42. |
For compensation for
injury caused by an injunction wrongfully obtained. |
Three Years. |
When the injunction
ceases. |
|
43. |
To compel a refund by a
person to whom an executor or administrator has paid a legacy or distributed
assets. |
Three Years. |
The date of the payment
or distribution. |
|
44. |
By a ward who has
attained majority, to set aside a transfer of property by his guardian. |
Three Years. |
When the ward attains majority. |
|
45. |
Omitted. |
|
|
|
46. |
Omitted. |
|
|
|
47. |
By any person bound by an
order respecting the possession of immovable property made under the Code of
Criminal Procedure, or by any one claimingunder such person, to recover the
property comprised in such order. |
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. |
Three Years. |
When the person having
the right to the possession of- the property first learns in whose possession
it is. |
|
48-A. |
To recover movable
property conveyed or bequeathed in trust, deposited or pawned and afterwards
bought from the trustee, depository or pawnee for a valuable consideration. |
Three Years. |
When the sale becomes
known to the plaintiff. |
|
48-B. |
To setaside sale of
movable property comprised in an Hindu, Mohammedan or Buddhist religious or
Charitable endowment, made by a manager there of for a valuable
consideration. |
Three Years. |
When the sale becomes
known to the plaintiff. |
|
49. |
For other specific
movable property or for compensation for wrong fully detaining the same. |
Three Years. |
When the property is
wrongfully taken or injured, or when the detainer's possession becomes
unlawful. |
|
50. |
For the hire of animals,
vehicles, boats, or house-hold furniture. |
Three Years. |
When the hire becomes
payable. |
|
51. |
For the balance of money
advanced in payment of goods to be delivered. |
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. |
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 fixed period of credit. |
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. |
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. |
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. |
Three Years. |
When the work is done. |
|
57. |
On a policy of insurance,
when the sum assured is payable immediately after proof of the death or loss
has been given to or received by the insurers. |
Three Years. |
When proof of the death
or loss is given to or received by the insurer, whether by or from the
plaintiff, or any other person. |
|
58. |
By the assured to recover
Premia paid under a policy voidable at the election of the insurers. |
Three Years. |
When the insurers elect
to avoid the policy. |
|
59. |
Against a factor for an
account. |
Three Years. |
When the account is,
during the continuance of the agency, demanded and refused or, where no such
demand is made, When the agency terminates. |
|
60. |
By a principal against
his agent for movable property received by the latter and not accounted for. |
Three Years. |
When the account is,
during the continuance of the agency, demanded and refused or, where no such
demand is made, when the agency terminates. |
|
61. |
Other suits by principals
against agents for neglector misconduct. |
Three Years. |
when the neglect or
misconduct becomes known to the plaintiff. |
|
62. |
To cancel or set aside an
instrument not otherwise provided for. |
Three Years. |
When the facts entitling
the plaintiff to have the instrument cancelled or set aside becomes known to
him. |
|
63. |
To declare the forgery of
an instrument issued or registered. |
Three Years. |
When the issue or
registration becomes, Known to the plaintiff. |
|
64. |
To declare the forgery
attempted to be enforced against the plaintiff. |
Three Years. |
The date of the attempt. |
|
65. |
For property which the
plaintiff has conveyed while insane. |
Three Years. |
When the plaintiff is
restored to sanity, and has knowledge of the conveyance. |
|
66. |
To set aside a decree
obtained by fraud, or for other relief on the ground of fraud. |
Three Years. |
When the fraud becomes
known to the party wronged. |
|
67. |
For relief on the ground
of mistake. |
Three Years. |
When the mistake becomes
known to the plaintiff. |
|
68. |
For money paid upon an
existing consideration which afterwards fails. |
Three Years. |
The date of the failure. |
|
69. |
To make good out of the
general estate of a deceased trustee, the loss occasioned by a breach of
trust. |
Three Years. |
The date of the trustee's
death, or, if the loss has not then resulted, the date of the loss. |
|
70. |
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 or the amount of revenue or rent due from himself and his
cosharers. |
Three Years. |
The date of the payment
in excess of the plaintiffs own share. |
|
71. |
By a co-trustee to enforce against the
estate of deceased trustee a claim for contribution. |
Three Years. |
When the right to contribution accrues. |
|
72. |
For a boatman's wages. |
Three Years. |
The end of the trip
during which the wages are earned. |
|
73. |
For wages not other wise
expressly provided for by this Schedule. |
Three Years. |
When the wages accrue
due. |
|
74. |
By a Mohammedan for
exigible dower, (mu ajjal). |
Three Years. |
When the dower is
demanded and refused or when marriage is dissolved by death or divorce. |
|
75. |
By a Mohammedan for
deferred dower (muajjal). |
Three Years. |
When the marriage is
dissolved by death or divorce. In the case of divorce pronounced in wifes
absence, when she becomes aware of the fact. |
|
76. |
By a mortgagor after the
mortgage has been satisfied, recover surplus collections received by the
mortgagee. |
Three Years. |
When the mortgagor
reenters on the mortgaged property. |
|
77. |
For an account and a
share of the profits of a dissolved partnership. |
Three Years. |
The date of the dissolution. |
|
78. |
By the manager of a joint
estate of an undivided family for contribution in respect of a payment made
be him on account of the estate. |
Three Years. |
The date of the payment. |
|
79. |
By a lessor for the value
of tree cut down by his lessee contrary to the terms of the lease. |
Three Years. |
When the trees are cut down. |
|
80. |
For the profits of
immovable property belonging to the plaintiff which have been wrongfully
received by the defendant. |
Three Years. |
When the profits are
received. |
|
81. |
For arrears of rent, whether
accrued by a registered deed or not. |
Three Years. |
When the arrears become
due. |
|
82. |
By a vendor of immovable
property for personal payment money. |
Three Years. |
The time fixed for
completing the sale, or (where the title is of unpaid purchase accepted after
the time fixed for completion) the date of the acceptance. |
|
83. |
For a call by a company
registered under law. |
Three Years. |
When the call is payable. |
|
84. |
For specific performance
of a contract. |
Three Years. |
The date fixed for the
performance, or if no such date is fixed, when the plaintiff has, notice that
performance is refused. |
|
85. |
For the recission of a contract. |
Three Years. |
When the facts entitling
the plaintiff to have the contract rescinded first become known to him. |
|
86. |
For compensation for the
breach of any contract., express or implied, not in writing registered and
not herein specially provided for. |
Three Years. |
When the contract is
broken, or (Where there are successive breaches) when the breach in respect
of which the suit is instituted occurs, or (where the breach is continuing)
when it ceases. |
|
[5][86A |
Against a carrier for
compensation for losing or injuring goods. |
Three Years. |
when the loss or injury
occurs. |
|
[6][86B. |
Against a carrier for
compensation for nondelivery of, or delay in delivering goods. |
Three Years. |
When the goods ought to
be delivered. |
|
PART
VII.-Six Years |
|||
|
87. |
For money payable for
money lent. |
Six Years. |
When the loan is made. |
|
88. |
Like suit when the lender
has given a cheque for the money. |
Six Years. |
When the cheque is paid. |
|
89. |
For money lent under an
agreement that it shall be payable on demand. |
Six Years. |
When the loan is made. |
|
90. |
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. |
Six Years. |
When the demand is made. |
|
91. |
For money payable by the
plaintiff or money paid for defendant. |
Six Years. |
When the money is paid. |
|
92. |
For money payable by the defendant
to the plaintiff for money received by the defendant for the plaintiffs use. |
Six Years. |
When the money is
received. |
|
93. |
For money payable for
interest upon money due form the defendant to the plaintiff. |
Six Years. |
When the interest becomes
due. |
|
94. |
For money payable to the
plaintiff for money found to be due from the defendant to the plaintiff on
accounts stated between them. |
Six Years. |
When the accounts are
stated in writing signed by the defendant or his agent duly authorised in this
behalf, unless when the debt is, by a simultaneous agreement in writing
signed as afore-said, made payable at a future time, and then when that time
arrives. |
|
95. |
For compensation for
breach of a promise to do anything at a specified time, or upon the happening
of a specified contingency. |
Six Years. |
When the time specified
arrives or the contingency happens. |
|
96. |
On a single bond, where a
day is specified for payment. |
Six Years. |
The day so specified. |
|
97. |
On a single bond, where
no such day is specified. |
Six Years. |
The date of executing the
bond. |
|
98. |
On a bond subject to a
condition. |
Six Years. |
When the condition is
broken. |
|
99. |
On a bill of exchange or
promissory note payable at a note payable at a fixed time after date. |
Six Years. |
When the bill or note
falls due. |
|
100. |
On a bill of exchange
payable at Sight, or after sight but not at a fixed time. |
Six Years. |
When the bill is
presented. |
|
101. |
On a bill of exchange
accepted payable at a particular place. |
Six Years. |
When the bill is presented
at that place. |
|
102. |
On a bill of exchange or
promissory note payable at a fixed time after sight or after demands. |
Six Years. |
When the fixed time
expires. |
|
103. |
On a bill of exchange or
on demands and not accompanied by any writing restraining or postponing the
right to sue. |
Six Years. |
The date of the bill
promissory note payable or note. |
|
104. |
On a promissory note or*
bond payable by instalments. |
Six 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. |
|
105. |
On a promissory note or
bond payable by instalment, which provided that if default be made in payment
of one or more instalment, the whole shall be due. |
Six Years. |
At the option of the
plaintiff, on the default of any installments or when the whole amount falls
due. |
|
106. |
On a promissory note
given by the maker to a third person to be delivered to the payee after a
certain event should happen. |
Six Years. |
The date of the delivery
to the payee. |
|
107. |
On a dishonoured foreign
bill where protest has been made and notice given. |
Six Years. |
When the notice is given. |
|
108. |
By the payee against the
drawer of a bill of exchange which has been dishonoured by non-acceptance. |
Six Years. |
The date of the refusal
to accept. |
|
109. |
By the acceptor of an
accommodation bill against the drawer. |
Six Years. |
When the acceptor pays
the amount. |
|
110. |
Suit on a bill of
exchange, promissory note or bond not herein expressly provided for. |
Six Years. |
When the bill, note or
bond becomes payable. |
|
111. |
By a surety against the
principal debtor. |
Six Years. |
When the surety pays the
creditor. |
|
112. |
By a surety against a
co-surety. |
Six Years. |
When the surety pays
anything in excess of his own share. |
|
113. |
Upon any other contract
to indemnify. |
Six Years. |
When the plaintiff is
actually damnified. |
|
114. |
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. |
Six 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. |
|
115. |
For the balance due on a
mutual, open and current account, where there have been reciprocal demands
between the parties. |
Six 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. |
|
116. |
Upon a foreign judgment
as defined in the Code of Civil Procedure. |
Six Years. |
The date of judgment. |
|
117. |
To obtain a declaration
that an alleged adoption is in valid or never in fact took place. |
Six Years. |
When the alleged adoption
become known to the plaintiff. |
|
118. |
To obtain a declaration
that an adoption is valid. |
Six Years. |
When the rights of the
adopted son as such are interfered with. |
|
119. |
Suit for which no period
of limitation provided elsewhere in this Schedule. |
Six Years. |
When the right to sue
accrues. |
|
PART VIII.-Twelve Years |
|||
|
120. |
For compensation for the
breach of a contract in writing registered. |
Twelve Years. |
When the period of
limitation would begin to run against a suit brought on a similar contract
not registered. |
|
121. |
To avoid encumbrances or
undertenures in an entire estate sold for arrears of Government revenue or in
other saleable tenure sold for arrears of rent. |
Twelve Years. |
When the sale becomes
final and conclusive. |
|
122. |
Upon a judgment obtained
in the State or a recognizance. |
Twelve Years. |
The date of the judgment
or recognizance. |
|
123. |
For a legacy or for a
share of residue be queathed by a testator, or for a distributive share of
the property of an in testate. |
Twelve Years. |
When the legacy or share
becomes payable or deliverable |
|
124. |
For possession of an
hereditary office. |
Twelve Years. |
When the defendant takes
possession of the EXPLANATION.- An hereditary office is possessed when the
profits there of are usually received or (if there are no profits) when the
duties there of are usually performed. |
|
125. |
Suit during the life of a
Hindu or Mohammedan female by a Hindu or Mohammedan 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. |
Twelve Years. |
The date of the alienation. |
|
126. |
By a Hindu governed by
the law of the Mitakeshare to set aside his father's alienation of ancestral
property. |
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. |
Twelve Years. |
When the exclusion
becomes known to the plaintiff. |
|
128. |
By a Hindu for arrears of
maintenance. |
Twelve Years. |
When the arrears are
payable. |
|
129. |
By a Hindu for a
declaration of his right to maintenance; |
Twelve Years. |
When the right is denied. |
|
130. |
For the resumption or
assessment of rent free land. |
Twelve Years. |
When the right to resume
or assess the land first accrues. |
|
131. |
To establish periodically
recurring right. |
Twelve Years. |
When the plaintiff is
first refused the enjoyment of the of the right. |
|
132. |
To enforce payment of
money charged upon immovable property including a suit for enforcement of a
simple mortgage. EXPLANATION.-For the
purpose of this article: (a) the allowance and
fees respectively called malkana and haqs and |
Twelve Years. |
When the money sued for
becomes due. (b) the value of any agricultural or other produce the right to
receive which is secured by a charge upon immovable property, shall be deemed
to be money charged upon immovable property. EXPLANATION.-When the money sued
for becomes due on the breach of any of the terms of the contract or when the
stipulated period expires the limitation will begin to run at the option of
the plaintiff from either of the dates. |
|
133. |
Omitted |
|
|
|
134. |
To recover possession of
movable property or bequeathed in trust of mortgaged and afterwards
transferred by the trustee or mortgagee for a valuable consideration. |
Twelve Years. |
When the transfer becomes
known to the plaintiff. |
|
134-A |
To set aside a transfer
of immovable property comprised in a Hindu, Mohammedan or Budhist 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 a manger of Hindu,
Mohammedan 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, Mohammedan 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 by a
mortgagee for possession of immovable property mortgaged. |
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. |
Twelve Years. |
When the vendor is first
entitled to possession. |
|
137. |
Like suit by a purchaser
at the sale in execution of a decree, when the judgment debtor was out of
possession at the date of the sale. |
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 judgment debtor was in
possession at the date of the sale. |
Twelve Years. |
The date when the sale
becomes absolute. |
|
139. |
By a landlord to recover
possession from a tenant. |
Twelve Years. |
When the tenancy is
determined. |
|
140. |
By a remainderman, a
reversioner (other than a landlord) or a devise, for possession of immovable
property. |
Twelve Years. |
When his estate falls
into possession. |
|
141. |
Like suit by a Hindu or
Mohammedan entitled to the possession of immovable property on the death of a
Hindu or Mohammedan female. |
Twelve Years. |
When the female dies. |
|
142. |
For possession of
immovable property when the plaintiff, while in possession of the property,
has been dispossessed or has discontinued the possession. |
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. |
Twelve Years. |
When the forfeiture is
incurred or the condition is broken. |
|
144. |
For possession of
immovable property or any interest therein not hereby otherwise specially
provided for. |
Twelve Years. |
When the possession of
the defendant becomes adverse to the plaintiff. |
|
PART
IX-Thirty Years |
|||
|
145. |
Against a depository or
pawnee to recover movable property deposited or pawned. |
Thirty Years. |
The date of the deposit
or pawn. |
|
146. |
Omitted. |
|
|
|
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. |
Thirty Years. |
The date of the
dispossession or discontinuance. |
|
147. |
By a mortgagee for
foreclosure. |
Thirty Years. |
When the money accrued by
the mortgagee becomes due. |
|
PART
X-Sixty Years |
|||
|
148. |
Against a mortgagee to
redeem or to recover possession of immovable property mortgaged. |
Sixty Years. |
When the right to redeem
or recover possession accrues. |
|
149. |
Any suit by or on behalf
of the State |
Sixty Years. |
When the period of
limitation would begin to run under this Act against a like suit by a private
person. |
|
149. |
A Any suit by or on
behalf of the Government of India, the Government of any other State in India
or the Government of any Union territory. |
Sixty Years. |
When the period of
limitation would begin to run under this Act against a like suit by private
person. |
|
SECOND
DIVISION - APPEALS |
|||
|
150 |
under the Code of Criminal
Procedure from a sentence of death or of life imprisonment passed by a Court
of Sessions. |
Fourteen days. |
The date of the sentence. |
|
150-A. |
Omitted. |
|
|
|
151. |
Omitted |
|
|
|
151-A. |
Under the Code of Civil
Procedure, to a Subordinate judge. |
Sixty days. |
The date of the decree or
the order appealed from. |
|
151-B. |
Under the Code of
Criminal Procedure, to any Court other than the High Court and the Sessions
Court. |
Sixty days. |
The date of the sentence
or order appealed from. |
|
152. |
Under the Code of Civil
Procedure to the Court of District Judge. |
Ninety days. |
The date of the decree or
order appealed from. |
|
153. |
Omitted. |
|
|
|
154. |
Under the Code of
Criminal Procedure to any Court other than the High Court. |
Ninety days. |
The date of the sentence
or of order appealed from. |
|
155. |
Under the Code of
Criminal Procedure to High Court except in the case provided for by Article
150 and Article 157. |
Ninety days. |
The date of sentence or
order appealed from. |
|
156. |
Under the Code of Civil
Procedure to the high Court |
Ninety days. |
The date of the decree or
order appealed from. |
|
156-A. |
From a decree or order of
the High Court of Judicature in the exercise of its original jurisdiction. |
Ninety days. |
The date of the decree or
order appealed from EXPLANATION :-When the High Court is sitting in one
Province on the last day of the period of limitation for an appeal from a
decision of a Court in an other province or from a decision delivered by the
High Court while sitting in another province, the period of limitation for an
appeal shall be double the period mentioned in the 2nd column of this
Schedule opposite Articles 156, 156. A. |
|
157. |
Under the Code of
Criminal Procedure from an order of acquittal. |
[7][Three
months] |
The date of the order
appealed from. |
|
157-A. |
An appeal from a
sentence, decree order of any Court or Revenue office situate within the
District of Ladakh or Gilgit to a Court situate beyond the said Districts. |
One hundred and eighty
days. |
The date of the sentence,
decree or order appealed from. |
|
THIRD
DIVISION-APPLICATIONS |
|||
|
[8][158. |
Under the Jammu and
Kashmir Arbitration Act, 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 Order XXXVII of the Code of Civil Procedure. |
Thirty 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. |
Thirty days |
When the application for
review is rejected. |
|
161. |
For review of judgment by
Court of Small Causes or by Court invested with jurisdiction of Court of
Small Causes when exercising that jurisdiction. |
Thirty days. |
The date of the decree or
order. |
|
162. |
For a review of judgment
by the High Court of Judicature in the exercise of its original jurisdiction. |
Thirty 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 |
Thirty days. |
The date of decree or,
where the summons was not duly served, when applicant has knowledge of the
decree. |
|
165. |
Under the Code of Civil
Procedure, 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. |
Thirty days. |
The date of the
dispossession. |
|
166. |
Under the same Code to
set aside a sale in execution of a decree including any such application by a
Judgment-debtor. |
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. |
Thirty days. |
The date of the
resistance or obstruction. |
|
168. |
For the readmission of an
appeal dismissed for want of prosecution. |
Thirty days. |
The date of dismissal. |
|
169. |
The re-hearing of an
appeal hearing ex-parte. |
Thirty days. |
The date of the decree in
appeal, or, where notice of the appeal was not duly served, when applicant
has knowledge of the decree. |
|
170. |
For leave to appeal as a
pauper. |
Sixty days. |
The date of the decree
appealed from. |
|
171. |
Under the Code Civil
Procedure 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. |
Sixty days. |
The date of the decree of
dismissal. |
|
173. |
For a review of Judgment
except in the cases provided for by [9][Article
161 and 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 decree or any adjustment of the decree should not be
recorded as certified. |
Ninety days. |
When the payment or
adjustment is made. |
|
175. |
For payment of the amount
of a decree instalment. |
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. |
Six months |
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. |
Six months |
The date of the death of
the deceased defendant or respondent. |
|
[10][178. |
Under the Jammu and
Kashmir Arbitration Act, for the filing in Court of an award. |
Ninety days. |
The date of service of the
making of an award.! |
|
[11][179. |
By a person desiring to
appeal under the Code of Civil Procedure 1977, to the Supreme Court for leave
to appeal. |
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. |
Applications for which no
period of limitation is provided elsewhere in this Schedule or by section 48
of the Code of Civil Procedure. |
Three years. |
when the right to appeal
accrues. |
|
181-A. |
An application of the
nature mentioned in Articles 158, 160, 168, 169, 170, 171, 172, 173, 176 and
177 in appeals arising out of suits decided by any court situate within the
District of Ladakh or Gilgit, when made to a Court of appeal situate outside
those Districts. |
Double the period of
limitation prescribed under this Division. |
As prescribed in 3rd
column opposite the Articles referred to. |
|
182. |
For the execution
of a decree or order of any Civil Court not provided for [12][by
Article 183 or] by section 48 of the Code of Civil Procedure. |
Three years where a certified copy of the decree or order has been registered, six years. |
1. The date of the decree
or order, or, 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 the final
order passed on application made in accordance with law to the proper Court
for execution or to take some step in aid of the execution of the decree or
order, or 6. (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 dates) such date. EXPLANATION I: - Where
the decree ororder has been passed severally in favor 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
represen tatives 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. [13][EXCEPTION.
- In applications for execution of a decree against an evacuee, whether
passed singly against him or jointly with a person other than an evacuee, the
period from 6th Poh, 2005 to
21st Bhadun 2006
and the time during which the J&K Evacuee's (Admn. of Property) Act, Svt.
2006 remains in force shall be excluded from the period of twelve years
prescribed in this section.] |
|
[14][183. |
To enforce a judgment,
decree or order of the Supreme Court. |
Twelve Year |
When a present right
toenforce 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 acknowledgement 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 acknowledge- ment or the latest of such revivors, payments or
acknowledgements as the case may be. |
[1] Inserted
by Act No. XVIII of 1997, section. 2.
[2] Substituted
by Act XXIV of 2011 for "Bikarmi" w.e.f. Ist April, 1655.
[3] Substituted
by Act XXIV of 2011 for "Bikarmi" w.e.f. Ist April, 1655.
[4] Substituted
by Act XXIV of 2011 for "Bikarmi" w.e.f. Ist April, 1655.
[5] Articles 86A and 86B Inserted by Act
XI of 1979
[6] Articles 86A and 86B Inserted by Act
XI of 1979
[7] Articles 86A and 86B Inserted by Act
XI of 1979
[8] Article 158 substituted by Act II of
2002.
[9] Substituted by Act XVI of 2000, for
"Articles 161, 162 and 173"
[10] Article 178 substituted by Act II of
2002
[11] Article 179 inserted by Act XXV of
2011.
[12] Article 179 inserted by Act XXV of
2011.
[13] Articles 86A and 86B Inserted by Act
XI of 1979
[14] Article 183 inserted by Act XXV of
2011.