Dr.M.S.

RAJ-PUROHIT
BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION

BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF

LIMITATION
Introduction:

Law is the back-bone for the standing of the peaceful and live society. It lives and
changes with the change in the society.
The mortality is the fate of every life. The nature and its laws follow it without break and
deviations. So would be the fate with the litigations, because there is no good to the
society in keeping them to be live for sine-die period.
The law of limitation is founded on the Latin maxim “Interest republicae ut sit finis
litium” , which means that it is for the general welfare that a period be put to litigation.
The Hon’ble Supreme Court in Rajendar Singh v. Santa Singh1 held that the object of the
law of limitation is to prevent disturbance or deprivation may have been acquired in
equity and justice by long enjoyment or what may have been lost by a party’s own
inaction, negligence or laches.

History:

The traces of law of limitations can be observed in almost every period (Yuga) of Hindu
mythology i.e. Sat, Treta, Dwapar & now in Kali. Example can be seen in Ramayan &
Mahabharat also.
However, some writers2 state that under the Hindu Jurisprudence there was only a law of
prescription and no law of limitation as such. For the acquisition of the title by
prescription a period of 20 years was laid down by certain Smriti writers though others
differed regarding the length of period. The main occupation of the people being
agriculture and there being very little commerce or trade, concentration was more on the
land and the rights therein.
This was the position not only in Hindu society but also in other countries; thus in
England before James Statute of 1523 there was no specific Law of Limitation.

1523 A.D James Statute introduced in England for the Law of Limitation.

1793 A.D. From 1793 A.D. Regulations were passed from time to time for fixing the
limitation for institution of action; but

1858 A.D. Before 1859 i.e. till 1858 two systems of Law of Limitation were adopted
by the Courts in India. In Presidency towns viz. Calcutta, Madras and
Bombay the English Law was followed; whereas in Moffusills courts
administered the law as laid down by the Regulations which passed from
time to time.

1
AIR 1973 SC 2537.
2
P.Basu’s commentary on Limitation Act; 6th Edition, 2006, pp.1,7
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1859 A.D. First time Act XIV of 1859 was passed a law on the subject Limitation.
1862 A.D. Act XIV of 1859 came in to operation.

1871 A.D. Act XIX of 1871.

1877 A.D. Act XV of 1877.

Later some Amending Acts were also passed.

1908 A.D. Finally, the question of consolidating and amending the law relating to
limitation for Suits, Appeals and Applications was taken up and the
Limitation Act of 1908 (IX of 1908) was passed.

27th July, 1956 Law commission in the 3rd Report dt 27-7-1956 made various
recommendations pertaining to the limitation law.

23rd Dec, 1960 On the recommendation of the Law Commission a Bill of that intent was
introduced in the Parliament but it lapsed on account of dissolution of the
Lok-Sabha.

1962 A.D. the above mentioned Bill was again introduced in the Parliament.
This Bill of 1960/62 seeks to implement the 3rd Report of the Law
Commission on the Indian Limitation Act, 1908, with one important
modification. While giving effect to the recommendations of the
Commission as respects the re-arrangements of the Articles contained in
the 1st Schedule in accordance with their subject-matter of the
rationalization of the periods of limitation as far as possible, it is felt that it
would be more advantageous to adhere to the existing scheme which in
almost all cases indicates the specific points of time from which the period
of limitation begins to run.

5th Oct, 1963 Assent of the President on the Limitation Bill was accorded; and thus The
Limitation Act, 1963 came in to existence.

1st Jan, 1964 The Limitation Act, 1963 came in to force.

1. Object of the Law of Limitation

The object of the Law of Limitation is well known that interest of the State requires that
there should be an end of litigation.
The utility of a Statute of Limitation has never been a matter of serious doubt or dispute.
It has been said that the Statute of Limitation is a Statute of repose, peace, and justice. It
is one of the repose, because it extinguishes stale demands and quiets title, in the words
of John Voet, controversies are restricted to a fixed period of time lest they become
immortal while men are mortal. It secures peace as it ensures security of rights and it
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secures justice, as by lapse of time evidence in support of rights may have been
destroyed. There can be thus being no doubt that it (The Law of Limitation) rests on the
sound policy. The operation of the law of prescription has been explained by Lord
Plunket in a striking metaphor. He stated that time holds in on hand a scythe and in the
other, a hour-glass. The scythe moves down the evidence of our rights while the hour-
glass measures the period which renders that evidence superfluous. Commenting on this a
learned author observes that the metaphor could have been completed by adding, so far as
India is concerned, that the frame work of the hour-glass will certainly decay, the glass be
broken and the sand escape.3

The object or the law of limitation is to prevent disturbance or deprivation of what may
have been acquired in equity and justice by long enjoyment or what may have been lost
by a party's own inaction, negligence, or laches. (Rajender Singh and Ors.Vs.Santa Singh
and Ors.)4

Rules of limitation are not meant to destroy the rights of parties. They are meant to see
that parties do not resort to dilatory tactics, but seek their remedy promptly. The object of
providing a legal remedy is to repair the damage caused by reason of legal injury. The
law of limitation fixes a life-span for such legal remedy for the redress of the legal injury
so suffered. Time is precious and wasted time would never revisit. During the efflux of
time, newer causes would sprout up necessitating newer persons to seek legal remedy by
approaching the courts. So, a life-span must be fixed for each remedy. Unending period
for launching the remedy may lead to unending uncertainty and consequential anarchy.
The law of limitation is thus founded on public policy. It is enshrined in the maxim
interest re publicae ut sit finis litium (it is for the general welfare that a period be put to
litigation). The idea is that every legal remedy must be kept alive for legislatively fixed
period of time. (Popat and Kotecha Property v. State Bank of India Staff Association.) 5

2. Construction of the Law of Limitation

Law of limitation is not meant to be an aid to unconscionable conduct, although, if a

claim is clearly barred, the Court must unhesitatingly dismiss the suit. It is a law of
repose, peace and justice which bars the remedy after the lapse of a particular period by
way of public policy and expediency without extinguishing the right except in certain
cases. Therefore, the Court must lean against limitation and in favour of the
subsistence of the right to sue where two views are clearly possible. When there is
the benefit of a reasonable doubt in the matter of construction of a statement relied
upon to serve as an acknowledgment to save limitation, the benefit of that doubt
should go to the plaintiff. That is what V.R. Krishna Iyer, J. said in Eapen Panicker v.

3
Report of the Law Commission of India on the Limitation Act, p.1
4
AIR 1973 SC 2537
5
(2005)7SCC510
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Krishna Panicker, (1970 KLT 42), following earlier Supreme Court decisions. (vide Craft
Centre and Ors. v. The Koncherry Coir Factories, Cherthala)6

3. Law of Limitation bars the remedy and does not extinguish the right

As has been laid by the Supreme Court in the case of Popat and Kotecha Property’s
case(supra), the Law of Limitation bars only the remedy and does not extinguish the
rights of the parties.

Illustration:
A enters into an agreement with B on 1st January, 2003, to sell his property for a
certain sum of money and receives some advance. He agrees to execute a sale deed
within two months, but later on refuses to do so. B can file a suit for specific
performance of contract within three years from 1st March, 2003, as per article 54 of
the Limitation Act, 1963 (hereinafter referred to as ‘the Act’). However B does not
file the suit till 1st March 2006 and there after the suit is barred by limitation. But on
account of good sense if A performs the contract, even 1st March 2006, no body is
going to stop him, nor he can later file a suit to get the sale deed cancelled on the
ground that he was not obliged to perform the contract after the limitation.

Exception:

However there is an exception to the aforesaid rule. Section 27 of the Act says that at the
determination of the period hereby limited to any person for instituting a suit a for
possession of any property, his right to such property shall be extinguished. This
provision has been kept because the adverse possession creates an absolute ownership in
favour of the person who is in adverse possession.

Salient Features:

1. Suits, appeals and applications filed after the laws of limitation are liable to be
dismissed:

Every suit instituted, appeal preferred, and application made -after the prescribed
period of limitation shall be dismissed although limitation has not been set up as a
defense. (Section 3)
However this provision is subject to the provisions of section 4 to 24 of the Act,
which we shall deal in the succeeding paragraphs.

2. Exclusion of time in certain cases:

6
AIR1991Ker83
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When the court is closed on the last day of the limitation, the limitation shall be
extended up to a period when the court re-opens. For example, when the last
day of limitation falls on Sunday, or in summer vacation, when the court is
closed, the plaint, petition or appeal can be presented on Monday, or on the
first day of the court re-opening after the summer vacation . (Section 4)

Except the original suits, and applications under Order XXI of the Code of Civil
Procedure (Execution Petitions for Decrees), all appeals and applications can be
accepted by the Court, even after the expiration of the limitation period, provided
adequate and sufficient grounds for not filing the application or appeal in time are
given. (Section 5) Thus the provisions of section 5 of the Act do not apply to
any suit or other petition filed for the first time in Court, like Election
Petitions, Civil Suits and Cases under the Consumer Protection Act.

If the person is a minor or under a legal disability, when the right to sue starts,
than the time of limitation shall start running only when the the person becomes
major or the disability ceases to exist. However for certain suits, the limitation
can not extend for more than three years, after the cessation of disability or
attaining majority. For example, A lends money to B with a condition that the
money would be repaid after two months. The time limitation will start
running only after two months of the date of lending. After one and half
month A becomes insane, which insanity continues for twelve years. The
time shall start running only after twelve years. In a suit for redemption or
foreclosure of mortgage if the limitation of 30 years expired during the
period of insanity of the plaintiff, the maximum limitation which can be
allowed to him after cessation of the diability would be three years. (Sections
6, 7 & 8).

The aforesaid provisions shall apply to Legal Representatives as well .

But once the time has started running, no subsequent disability or inability can
stop it. For example, A purchases goods on credit from B, with no time limit
fixed for repayment. In this case the time of limitation starts running as soon
as the goods are purchased. In case B becomes insane, still the time will not
stop running and if the suit is not filed within three years of purchasing the
goods, the same will be time barred. (Section 9)

3. Computation method:

In computing the period of limitation for any suit, appeal or application, the day
from which such period is to be reckoned, shall be excluded. For example, a loan
is taken on 1st January 2003. While computing the period of limitation the
day of 1st January 2003 shall be excluded and will be counted from 2 nd
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January 2003. Therefore a suit filed on 1st January 2006 shall be within
limitation.

In computing the period of limitation for an appeal or an application for leave to

appeal or for revision or for review of a judgment, the day on which the
judgement complained of was pronounced and the time requisite for obtaining a
copy of the decree, sentence or order appealed from or sought to be revised or
reviewed shall be excluded. Similarly in computing the period of limitation for an
application to set aside an award, the time requisite for obtaining a copy of the
award shall be excluded. For example a judgement is pronounced on 1st
January, 2007. While calculating the time for appeal, this day will be
excluded and an appeal can be filed within thirty days, i.e. upto 31 st January,
2007 (If the limitation for such appeal is thirty days). Now 2nd February, 2007
the aggrieved person files an application for a certified copy, which is
delivered to him on 10th February, 2007. Thus he will get 9 more days and
can file appeal up to 9th March 2007. This rule applies to revision, review
and awards as well. However after making an application for taking certified
copy, the person does not take the copy, despite the fact that the copy is ready and
the court has served him a notice to take the same, such time can not be calculated
for extension of time. (Section 12)

In computing the period of limitation for any suit or application, the time during
which the plaintiff has been prosecuting with due diligence another civil
proceedings, whether in a court of first instance or of appeal or revision, against
the defendant shall be excluded, where the proceeding relates to the same matter
in issue 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. For example
on account of mistake, a suit or application has been filed in a court, which
though does not have jurisdiction, has bonafide entertained it? Thereafter
when the mistake is discovered, the plaint or application is returned to the
plaintiff or applicant as the case may be, to be filed in the appropriate court.
If a complaint is filed in the Consumer Forum for a dispute regarding
commercial transaction, and when the Forum rules that the matter should be
tried by a Civil Court, the time spent in the consumer forum shall be
excluded while computing the period of limitation. (Section 14)

In computing the period of limitation of 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.

In computing the period of limitation for any suit of which notice has been give or
for which the previous consent or sanction of the Government or any other
authority is required, in accordance with the requirements of any law for the time
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being in force the period of such notice or, as the case may be, the time required
for obtaining such consent or sanction shall be excluded. For example, for filing
a suit against Government two months prior notice is a must as contained in
section 80 of the CPC. While calculating the time of limitation this period of
two months shall be excluded, provided the notice is issued before the expiry
of the original time of limitation.

In excluding the time required for obtaining the consent or sanction of the
Government or any other authority, the date on which the application was mad for
obtaining the consent or sanction and the date of receipt of the order of the
Government or other authority shall both be counted. (Section 15)

4. Effect of acknowledgement in writing:

Where, before the expiration of the prescribed period for a suit or application in respect
of any property or right, an acknowledgement 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 any person through whom he drives his title or liability, a fresh period
of limitation shall be computed from the time when the acknowledgement was so
signed. Where the writing containing the acknowledgement 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. For
example a loan taken on 1st January, 2004, becomes time barred on 1st January
2007. However if the debtor, executes an acknowledgement in writing and signs on
it before 1st January, 2007, say on 24th of December, 2006, the period of limitation
shall be renewed up to 24th December, 2009. But if the acknowledgement is made
after 1st January 2007, it shall have no effect of enhancing the limitation. (Section
18)

5. Effect of payment on account of debt or of interest on legacy:

Where payment on account of 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 agent duly authorised in this behalf, a fresh period of limitation shall be computed
from the time when the payment was made. For example, in the illustration given in
point no.4, instead of acknowledgment, payment is made on 24 th December, 2006,
still the limitation will be increased upto 24th December, 2009. However, to attract
this provision the payment should be acknowledged in the hand writing or
signature of the person making it. In other words, payment without written
acknowledgment shall not be sufficient to increase the limitation period. (Section
19)

5. Special Law prevails over the General Law

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BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION

If some special statute provides a special limitation it shall prevail over the law of
limitation.
PERIODS OF LIMITATION FOR SELECTED MATTERS

PART 1- SUITS

S.No Description of Suit Period of Time from which period begins to

limitation run

3 By a principal against his agent for Three years When the account is, during the
movable property received by the continuance of the agency,
latter and not accounted for. demanded and refused or, where no
such demand is made, when the
agency terminates.
4 Others suits by principals against agent Three years When the neglect or misconduct
for neglect or misconduct. becomes known to the plaintiff.

5 For an account and a share of the Three years The date of the dissolution.
profits of a dissolved partnership.

7 For wages in the case of any other Three years When the wages accrue due.
person.

8 For the price of food or drinks sold by Three years When the food or drink is delivered.
the keeper of a hotel tavern or lodging
house
10 Against a carrier for compensation for Three years When the loss or injury occurs.
losing or injuring goods.

11 Against a carrier for compensation for Three years When the goods ought to be
non-delivery of, or delay in delivering, delivered.
goods.

18 For the price of work done by the Three years When the work is done
plaintiff for the defendant at his
request, where no time has been fixed
for payment.

19 For money payable for money lent. Three years When the loan is made

20 Like suit when the lender has given a Three years When the cheque is paid.
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cheque for the money.
21 For money lent under an agreement
that it shall be payable on demand.
27 For compensation for breach of a
promise to do anything at a specified
time, or upon the happening of a
specified contingency.
31 On a bill of exchange or promissory
note payable at a fixed time after date.
36 On a promissory note or bond payable
by instalments.
42 By a surety against the principal
debtor.
43 By a surety against a co-surety
52 For arrears of rent.
53 By a vendor of immovable property
for personal payment of unpaid
purchase-money.
54 For specific performance of a contract.
55 For compensation for the breach of
any contract, express or implied not
herein specially provided for;
56 To declare the forgery of an
instrument issued or registered.
Three years When the loan is made
Three years When the time specified arrives or
the contingency happens.
Three years When he bill or note falls due.
Three years The expiration of the first term of
payment as to the part then payment
as to the part then payable; and for
the other parts, the expiration of the
respective terms of payment.
Three years When the surety pays the creditor.
Three years When the surety pays anything in
excess of his own share.
Three years When the profits are received.
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.
Three years The date fixed for the performance,
or, if no such date is fixed, when the
plaintiff has notice that performance
is reused.
Three years When the contract is broken or
(where there are successive breaches)
when the suit is instituted occurs or
(where the breach is continuing)
when it ceases.
Three years When the issue or registration
becomes known to the plaintiff.
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57 To obtain a declaration that an alleged Three years When the alleged adoption becomes
adoption is invalid is invalid, or never, known to the plaintiff.
in fact, took place.

58 To obtain any other declaration. Three years When the right to sue first accrues.

59 To cancel or set aside an instrument or Three years When the facts entitling the plaintiff
decree or for the rescission of a to have the instrument or decree
contract. cancelled or set aside or the contract
rescinded first become known to him

61 By a mortgagee. –

(a) To redeem or recover possession Thirty years When the right to redeem or to
of immovable property mortgaged; recover possession accrues;

(b) To recover possession of Twelve years When the transfer becomes known
immovable property mortgaged and to the plaintiff.
afterwards transferred by the
mortgagee for a valuable
consideration;

©( (c) To recover surplus collections Three years When the mortgagor re-enters on the
received by the Mortgagee after the mortgaged property.
mortgage has been satisfied.

62 To enforce payment of money secured Twelve years When the money sued for becomes
by a mortgage or otherwise charged due.
upon immovable property.

63 By mortgagee. –
(a) For foreclosure Thirty years When the money secured by the
mortgaged becomes due.
(b) For possession of immovable Twelve years When the mortgagee becomes
property mortgaged. entitled to possession.

64 For possession of immovable property Twelve years The date of dispossession.

bases on previous possession and not
on title, when the plaintiff while in
possession of the property has been
dispossessed.
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65 For possession of immovable property Twelve years When the possession of the
or any interest therein bases on title. defendant becomes adverse to the
plaintiff.
66 For the possession of immovable Twelve years When the forfeiture is incurred or the
property when the plaintiff has become condition is broken.
entitled to plaintiff has become entitled
to possession by reason of any
forfeiture or breach of condition.

67 By a landlord to recover possession Twelve years When the tenancy is determined.

from a tenant.

68 For specific movable property, lost or Three years When the person having the right to
acquired by theft, or dishonest the possession of the property first
misappropriation or conversion. learns in whose possession it is.

69 For other specific movable property. Three years When the property is wrongfully
taken.

73 For compensation for false One year When the imprisonment ends.
imprisonment.

74 For compensation for a malicious One year When the plaintiff is acquitted or the
prosecution. prosecution is otherwise terminated.

75 For compensation for libel. One year When the libel is published.

76 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.

80 For compensation for wrongful seizure One year The dare of he seizure.
of movable property under legal
process.
85 For compensation for obstructing a Three years The date of the obstruction
way or a watercourse.
87 For compensation for trespass upon Three years The date of trespass.
immovable property.
88 For compensation for infringing Three years The date of the infringement.
copyright or any other exclusive
privilege.
90 For compensation for injury caused by Three years When the injunction ceases.
an injunction wrongfully obtained .
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91 For compensation. –
(a) For wrongfully taking or Three years
detaining any specific movable
property lost, or acquired by
theft or dishonest
misappropriation or
conversion;
97 To enforce a right of pre-emption One year
whether the right is found on law in
general usage or on special contract.
99 To set aside a sale by a civil or One Year
revenue court or a sale for arrears of
Government revenue or for nay
demand recoverable as such arrears.
100 To alter or ser aside any decision or One year
order or a civil court in any proceeding
other than a suit or any act or other or
an officer of Government in his
official capacity.
105 By a Hindu for arrears of maintenance. Three years
107 For possession of a hereditary office. Twelve years
Explanation . – A hereditary office is
possessed when the properties thereof
are usually received, or (if there are no
properties) when the duties thereof are
usually performed.
109 By a Hindu governed by Mitakshara Twelve years .
law to set aside his father’s alienation
of ancestral property.
110 By a person excluded from a joint Twelve years
family property to enforce a right to
share therein.
111 By or on behalf of any local authority Thirty years
When the person having the right to
the possession of the property first
learns in whose possession it is.
When the purchaser takes under the
sale sought it be impeached,
physical possession of the whole or
part of the property sold, or, where
the subject-matter of the sale does
not admit of physical possession of
the whole or part of the property,
when the instrument of sale is
registered .
When the sale is confirmed or would
otherwise have become final and
conclusive had no such suit been
brought .
The date of the final decision or
order by the court or the date of the
at or order of the officer as the case
may be .
When the arrears are payable.
When the defendant takes possession
of the office adversely to the
plaintiff.
When the alience takes possession
of he property.
When the exclusion becomes known
to the plaintiff.
The date of the dispossession or
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for possession of any public street or discontinuance.

any part thereof from which it has
been dispossessed or of which it has
discontinued the possession.

112 Any suit (except a suit before the Thirty years When the period of limitation would
Supreme Court in the exercise of its begin to run this Act against a like
original jurisdiction) by or on behalf of suit by a private person.
the Central Government or any State
Government, including the
Government of the State Jammu and
Kashmir.

113 Any suit for which no period of Three years When the right to sue accrues.
limitation is provided elsewhere in this
Schedule.

PART – II APPEALS

114 Appeal from an order of acquittal. –

(a) (a) Under sub-section (1) or Ninety days The date of the order appealed
sub section (2) of section 417 from.
of the Code Of Civil
Procedure, 1898 (5 of 1898).
(b) (b) Under sub-section (3) of Thirty days The date of the grant of special
Section 417 of that Code. leave.

115 Under the Code of Civil Procedure,

1898 (5 of 1898). –
(a) (a) From a sentence of death Thirty days The date of the sentence
passed by a court of session or
by a High Court in the exercise
of its original criminal
jurisdiction .
(b) (b) From nay other sentence or Sixty days
any order not being an order of
acquittal. –
(i) (i) To the High Court The date of the sentence of the
order .
(ii) To any other Court The date of the sentence or
order.
116 Under the code of Civil Procedure,
1908 (5 of 1908) . –
(a) (a) To a High Court from any Ninety days The date of the decree or order
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decree or order ,
(b) (b) To any other court from Thirty days The date of the decree or order
any decree or order.
(c) (c)
117 From a decree or order of any High Thirty days The date of the decree of the
Court to the same Court. order .

PART – III APPLICATIONS

119 Under the Arbitration Act, 1940 (10 of

1940 ), -
(a) (a) For the filing in court of an Thirty days The date of service of the notice
award. of the making of the award.

(b)For setting aside an award or Thirty days The date of the service of the
getting an award remitted for notice of the filing of the award
reconsideration. .

120 Under the Code of Civil Procedure, Ninety days The date of death of the
1908 (5 of 1908), to have the legal plaintiff, appellant, defendant or
representative of a deceased plaintiff or respondent as the case may be .
appellant or of a deceased defendant or
respondent, made a party.

121 Under the same Code for an order to Sixty days The date of abatement.
ser aside and abatement.

122 To restore a suit or appeal or Thirty days The date of dismissal.

application for review or revision
dismissed for default of appearance or
for want of prosecution or for failure to
pay costs of service of process or to
furnish security for costs.

123 To set aside a decree passed ex parte or Thirty days The date of the decree or where
to re-hear an appeal decreed or heard the summons or notice was not
ex parte. duly served, when the applicant
had knowledge of he decree..
Explanation. – For the purpose of this
article , substituted service under rule
20 of Order V of the Code of Civil
Procedure, 1908 (5 of 1908) shall not
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be deemed to be due service .

124 For a review of judgement by a court Thirty days The date of the decree of the
other than the Supreme Court. order

125 To record an adjustment by a court Thirty days When the payment or

other than the Supreme Court. adjustment is made.

126 For the payment of the amount of a Thirty days The date of the decree
decree by instalments.

127 To set aside a sale in execution of a Sixty days The date of the sale.
decree, including any such application
by the judgement-debtor.
130 For leave to appeal as pauper. –
(a) (a) To the High Court; Sixty days The date of decree appealed
from.
(b) (b) To any other Court; Thirty days The date of decree appealed
from.

131 To any court for the exercise of its Ninety days The date of the decree or order
powers of revisions under the Code of or sentence sought to be
Civil Procedure, 1908 (5 of 1908), or revised.
the Code of Criminal Procedure, 1898
(5 of 1898).

132 To the High Court for a certificate of Sixty days The date of the decree, order or
fitness to appeal to the Supreme Court sentence.
under clause (1) of article 132, article
133 or sub-clause (c) or clause (1) of
article 134 of the Constitution or under
any other law for the time being in
force

133 To the Supreme Court for special leave

to appeal. –

(a)In a case involving death sentence; Sixty days The date of the judgement, final
order or sentence.

(b)In a case where leave to appeal was Sixty days The date of the order or refusal.
refused by the high court;

(c)In any other case; Ninety days The date of the judgement of the
order .
 Dr.M.S.RAJ-PUROHIT
BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION

16

134 For delivery of possession by a One year When the sale becomes
purchaser of immovable property at a absolute.
sale in execution of a decree.

135 For the enforcement of a decree Three years The date of the decree or where
granting a mandatory injunction. a date is fixed for performance,
such date.

136 For the execution of any decree ( other Twelve years
than a decree granting a mandatory
injunction ) an order of any civil court.
137 Any other application for which no
period of limitation is provided
elsewhere in this division.
1[When] the decree or order
becomes enforceable or where
the decree or any subsequent
order directs any payment of
money or the delivery of any
property to be made at a certain
date or at recurring periods,
when default in making the
payment or delivery in respect
of which execution is sought,
takes place;
Provided that an application for
the enforcement or execution of
a decree granting a perpetual
injunction shall not be subject
to any period of limitation.
Three years When the right to apply accrues.

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