What is Limitation Act?
The Limitation Act, 1963 prescribes time limits for filing various legal proceedings. Cases filed after the limitation period are barred by law and dismissed even if the case has merit.
Educational Purpose: This information is for general awareness only. Consult a qualified legal professional for specific advice.
Key Definitions (Section 2)
- Period of Limitation: Time limit prescribed for filing suit/appeal/application
- Plaintiff: Person who files the suit
- Defendant: Person against whom suit is filed
- Sufficient Cause: Valid reason for delay (condonation under Section 5)
Important Limitation Periods (Schedule to Limitation Act)
| Type of Suit/Application | Limitation Period | Article No. |
|---|
| Recovery of money due on contract | 3 years | Article 55 |
| Recovery of loan (not covered by contract) | 3 years | Article 57 |
| Breach of contract (any type) | 3 years | Article 55/56 |
| Suit for accounts by principal against agent | 3 years | Article 64 |
| Suit for possession of immovable property | 12 years | Article 65/112 |
| Suit for recovery of property from government | 30 years | Article 112 |
| Suit for declaration of title | 12 years | Article 65 |
| Specific performance of contract | 3 years | Article 54 |
| Tort claims (negligence, nuisance, etc.) | 1-3 years | Articles 72-79 |
| Execution of decree (civil) | 12 years | Article 136 |
| Execution of decree (government) | 12 years | Article 136 |
Criminal Law Limitations
- Cognizable offenses: No limitation
- Offenses punishable with up to 1 year imprisonment: 1 year
- Offenses punishable with 1-3 years imprisonment: 3 years
- Offenses punishable with over 3 years imprisonment: No limitation
Computation of Limitation (Sections 12-24)
- Section 12: Time spent obtaining copy of judgment/order excluded
- Section 14: Time spent in earlier proceeding in good faith excluded
- Section 15: Time when notice is required before suit excluded
- Section 16-17: Fraud or mistake - limitation runs from discovery
- Section 18: Acknowledgment of liability extends limitation
- Section 19: Part payment extends limitation (tramps for loan)
When Does Limitation Start? (Section 9)
- From date of cause of action (when right to sue accrues)
- For continuing breach - from date of last breach
- For fraud/mistake - from date of discovery
- For suits against deceased - from date of death
Important: Limitation period is strictly enforced. Filing one day late leads to dismissal (unless sufficient cause shown).
Condonation of Delay (Section 5)
Court may admit belated appeal/application if sufficient cause shown. Not applicable to:
- Execution applications beyond 12 years
- Criminal cases (except with appellate court)
Grounds for Condonation
- Illness (medical certificates required)
- Natural calamities (flood, earthquake, pandemic)
- Defendant was out of India
- Death of advocate or close family member
- Mistaken advice of advocate (not always accepted)
Effect of Expiry of Limitation (Section 3)
Every suit filed after limitation period shall be dismissed (even if no objection from defendant). Court must dismiss on its own motion.
Legal Disability (Sections 6-8)
- Minor (under 18): Limitation runs from attaining majority
- Insane person: Limitation runs from gaining sanity
- Idiot/lunatic: Limitation runs from ceasing of disability
Acknowledgment of Liability (Section 18)
If defendant acknowledges liability in writing before limitation expires, fresh limitation starts from date of acknowledgment.
Landmark Cases on Limitation
- Collector of Bombay v. Municipal Corporation (1951): Limitation bars remedy, not right
- State of Punjab v. Gurdeep Singh (2000): Sufficient cause liberally construed
- Ramnath v. State of UP (2019): No condonation for government negligence
Contract Act vs Limitation Act
Debt exists even after limitation, but unenforceable in court (chance to prove in other ways limited).