Monday, May 26, 2025

Summary of Limitation Periods

 

๐Ÿ“Š Summary of Limitation Periods

Type of Suit / MatterLimitation PeriodStarts From
Breach of contract, recovery of money, debt, etc.3 yearsWhen the contract is breached / money becomes due
Tort (like compensation for injury, defamation)1 yearWhen the injury or damage occurs
Suit for possession of immovable property12 yearsWhen possession becomes adverse (adverse possession)
Suit by mortgagor or mortgagee12 yearsFrom date of redemption or default
Execution of decree (other than money decree)12 yearsDate when the decree becomes enforceable
Execution of money decree (not being a court order)12 yearsDate of decree
Recovery of immovable property by the government30 yearsWhen possession becomes adverse
Recovery of money by the government30 yearsWhen the money becomes due
Appeals (civil)90 days (High Court), 30 days (other courts)Date of decree or order
Appeals (criminal)60 days (High Court), 90 days (Supreme Court)Date of judgment or order
Applications for review30 daysDate of decree or order
Applications for setting aside ex-parte decree30 daysDate of knowledge of the decree

Important Sections

  • Section 3 → Bar of limitation

  • Section 5 → Condonation of delay (only for appeals & applications, not suits)

  • Section 6-8 → Legal disability (minors, insane persons)

  • Section 12-15 → Exclusion of certain periods (like time to get a certified copy)


๐Ÿ“ Notes

  • Limitation period does NOT create rights, but it bars the remedy in court.

  • Courts are bound to apply limitation law even if the defendant doesn’t raise it.

  • For contracts, limitation resets if acknowledgment of debt is made in writing (Section 18).

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