724 April 07 2022

THE LIMITATION ACT, 1963 – EXPLAINED WITH SIMPLE EXAMPLES

The Limitation Act, 1963 is a law that sets time limits within which people must file cases in court. If someone does not take legal action within the prescribed time, they lose the right to sue. This law mainly applies to civil matters such as suits, appeals, and applications, but not to execution proceedings (where a decree is being enforced).

For example, if someone lent you money and you didn’t repay, they cannot come to court after 3 years of silence. Even if you admit later that you owe the money, the court may not entertain the case if the time limit has expired.

Section 3 – Court Must Check Limitation
Even if the defendant (opposite party) does not raise the issue of limitation, the court must check it on its own. For instance, if a landlord files a rent recovery suit after 10 years, and the tenant does not object, the court still has to dismiss the case as being time-barred.

Section 4 – Court Holidays
If the limitation period ends on a day when the court is closed (even for part of the day), you can file the case on the next working day.
Example: If the last date to file an appeal is Sunday, the appeal can be filed on Monday.

Section 5 – Delay Condonation
The court can allow filing of an appeal or application after the expiry of limitation if the applicant proves there was a sufficient reason for the delay. But this does not apply to certain proceedings like Section 34 of the Arbitration Act.
Example: If someone was hospitalized and missed the last date to appeal, the court may excuse the delay.
Important point: The court looks at the reason, not the length of the delay.

Section 6 – Legal Disability
If a person entitled to sue is a minor, insane, or mentally incapable, the limitation period starts only when the disability ends.
Example: A 12-year-old has a right to claim property. The limitation clock will start only when he turns 18.
Note: Unfortunate conditions like poverty, illness, or insolvency are not considered legal disabilities.

Section 12 – Time Excluded
When calculating limitation for an appeal, the time taken to obtain a certified copy of the judgment or order is excluded.
Example: If the judgment was passed on 1st Jan and you got the certified copy on 10th Jan, the limitation will count from 10th Jan onwards.

Section 14 – Wrong Court
If you filed a case in the wrong court due to lack of jurisdiction (territorial, pecuniary, or subject-matter), the time spent there will not be counted in limitation.
Example: If you mistakenly filed a property case in a small cause court instead of a civil court, the months wasted won’t count against you.

Section 15 – Stay Orders
If the court has stayed proceedings, that time is excluded from limitation.

Section 17 – Fraud or Mistake
If the defendant committed fraud or concealed facts, the limitation period starts only when the plaintiff discovers the fraud.
Example: If someone forges your signature on a sale deed in 2010, but you discover it only in 2018, the limitation starts from 2018.

Section 19 – Acknowledgment or Part Payment
If the debtor acknowledges the debt in writing or makes part payment before the limitation expires, the limitation period resets from that date.
Example: If a borrower pays ₹100 towards an old loan just before the 3-year limit, the lender gets another fresh 3 years to sue.

Section 25 – Easement Rights
Easement rights (like right of way, right to sunlight, or right to drain water) can be acquired if they are used continuously for 20 years (or 30 years against government land).

Example: Mr. Jaggu uses a pathway through Ms. Jugni’s land for 20 years to fetch water. Over time, he gets a legal easement right to continue using that path.
If someone blocks an easement, a suit must be filed within 2 years.

Important Limitation Periods
Contracts: 3 years
Decrees: 3 years
Movable property: 3 years
Declarations: 3 years
Promissory note: 3 years
Ex parte decree (to set aside): 30 days
Revision: 90 days
Appeal to Sessions Court: 30 days
Appeal to High Court: 60 days
Possession of immovable property (title): 12 years

Note: If the last day falls on a holiday, you can file on the next working day.
Essential Requirements of Acknowledgment
Must be made before limitation expires.
Must be signed by the debtor or his agent.
Must clearly show admission of liability.

Landmark Case
In Collector, Land Acquisition, Anantnag v. Katiji (1987), the Supreme Court said courts should adopt a liberal approach in condoning delays to ensure justice is not denied due to technicalities.

In short: The Limitation Act ensures that cases are filed within a reasonable time, prevents stale claims, and balances the rights of both parties.

Author

avatar
Adv. ALOK KUMAR
Advocate Serving Delhi NCR
Delhi High Court & District Courts
LL.B.▪︎Faculty of Law▪︎Delhi University


Comments are not allowed on this article.