Monday, May 26, 2025

The Limitation Act, 1963

 The Limitation Act, 1963 is an important Indian law that sets time limits within which legal actions (like filing a suit, appeal, or application) must be initiated in courts.

Here’s a quick breakdown for you:

Objective:
To provide a uniform period of limitation for different types of legal claims so that disputes are settled within a reasonable time and evidence does not become stale.

Key Features:

  • Came into force: 1 January 1964

  • Applies to: Whole of India (except Jammu & Kashmir at the time; now it applies post-reorganization)

  • Total Sections: 32 + The Schedule (which lists specific periods for various matters)

  • Covers:

    • Civil suits (like property disputes, contracts, money recovery)

    • Appeals

    • Applications (like execution of decrees)

Important provisions:

  • Section 3 → Courts must dismiss a suit filed beyond limitation, even if the defendant does not raise the objection.

  • Section 5 → Delay in filing appeals or applications (not suits) may be condoned if sufficient cause is shown.

  • Section 6-8 → Exemptions for persons under disability (like minors or mentally ill).

  • Section 9 → Once time starts running, it is not stopped by subsequent disability.

  • Section 12-15 → Exclusions of time (for example, time taken to get a copy of the decree).

The Schedule (attached to the Act) lists:

  • Specific time limits (like 3 years for breach of contract, 12 years for mortgage suits, 30 years for recovery of government dues).

Why it matters:
If you file a case after the limitation period, the court can reject it outright, even if your underlying claim is strong.

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