FIRST DIVISION—SUITS
Description of suit Period of limitation Time from which period begins to run
PART I.—SUITS RELATING TO ACCOUNTS
1. For the balance due on a mutual,
open and current account, where
there have been reciprocal
demands between the parties.
Three years. The close of the year in which the last
item admitted or proved is entered in
the account; such year to be computed
as in the account.
2. Against a factor for an account. Three years. When the account is, during the
continuance of the agency, demanded
and refused or, where no such demand
is made, when the agency terminates.
3. By a principal against his agent for
movable property received by the
latter and not accounted for.
Three years. When the account is, during the
continuance of the agency, demanded
and refused or, where no such demand
is made, when the agency terminates.
4. Other suits by principals against
agents for neglect or misconduct.
Three years. When the neglect or misconduct becomes
known to the plaintiff.
5. For an account and a share of the
profits of a dissolved partnership.
Three years. The date of the dissolution.
PART II.—SUITS RELATING TO CONTRACTS
6. For a seaman’s wages Three years. The end of the voyage during which the
wages are earned.
7. For wages in the case of any other
person.
Three years. When the wages accrue due.
8. For the price of food or drink sold
by the keeper of a hotel, tavern
or lodging-house.
Three years. When the food or drink is delivered.
9. For the price of lodging. Three years. When the price becomes payable.
10. Against a carrier for compensation
for losing or injuring goods.
Three years. When the loss or injury occurs.
11. Against a carrier for compensation
for non-delivery of, or delay in
delivering, goods.
Three years. When the goods ought to be delivered.
12. For the hire of animals, vehicles,
boats or household furniture.
Three years. When the hire becomes payable.
13. For the balance of money advanced
in payment of goods to be
delivered.
Three years. When the goods ought to be delivered.
14. For the price of goods sold and
delivered where no fixed period
of credit is agreed upon.
Three years. The date of the delivery of the goods.
15. For the price of goods sold and
delivered to be paid for after the
expiry of a fixed period of
credit.
Three years. When the period of credit expires.
13
Description of suit Period of limitation Time from which period begins to run
16. For the price of goods sold and
delivered to be paid for by a bill
of exchange, no such bill being
given.
Three years. When the period of the proposed bill
elapses.
17. For the price of trees or growing
crops sold by the plaintiff to the
defendant where no fixed period
of credit is agreed upon.
Three years. The date of the sale.
18. For the price of work done by the
plaintiff for the defendant at his
request, where no time has been
fixed for payment.
Three years. When the work is done.
19. For money payable for money lent. Three years. When the loan is made.
20. Like suit when the lender has given
a cheque for the money.
Three years. When the cheque is paid.
21. For money lent under an agreement
that it shall be payable on
demand.
Three years. When the loan is made.
22. For money deposited under an
agreement that it shall be
payable on demand, including
money of a customer in the
hands of his banker so payable.
Three years. When the demand is made.
23. For money payable to the plaintiff
for money paid for the
defendant.
Three years. When the money is paid.
24. For money payable by the
defendant to the plaintiff for
money received by the
defendant, for the plaintiff's use.
Three years. When the money is received.
25. For money payable for interest
upon money due from the
defendant to the plaintiff.
Three years. When the interest becomes due.
26. For money payable to the plaintiff
for money found to be due from
the defendant to the plaintiff on
accounts stated between them.
Three years. When the accounts are stated in writing
signed by the defendant or his agent
duly authorised in this behalf, unless
where the debt is, by a simultaneous
agreement in writing signed as
aforesaid, made payable at a future
time, and then when that time arrives.
27. For compensation for breach of a
promise to do anything at a
specified time, or upon the
happening of a specified
contingency.
Three years. When the time specified arrives or the
contingency happens.
28. On a single bond, where a day is
specified for payment.
Three years. The day so specified.
29. On a single bond, where no such
day is specified.
Three years. The date of executing the bond.
30. On a bond subject to a condition. Three years. When the condition is broken.
14
Description of suit Period of limitation Time from which period begins to run
31. On a bill of exchange or promissory
note payable at a fixed time after
date.
Three years. When the bill or note falls due.
32. On a bill of exchange payable at
sight, or after sight, but not at a
fixed time.
Three years. When the bill is presented.
33. On a bill of exchange accepted
payable at a particular place.
Three years. When the bill is presented at that place.
34. On a bill of exchange or promissory
note payable at a fixed time after
sight or after demand.
Three years. When the fixed time expires.
35. On a bill of exchange or promissory
note payable on demand and not
accompanied by any writing
restraining or postponing the
right to sue.
Three years. The date of the bill or note.
36. On a promissory note or bond
payable by instalments.
Three years. The expiration of the first term of
payment as to the part then payable;
and for the other parts, the expiration
of the respective terms of payment.
37. On a promissory note or bond
payable by instalments, which
provides that, if default be made
in payment of one or more
instalments, the whole shall be
due.
Three years. When the default is made, unless where
the payee or obligee waives the
benefit of the provision and then
when fresh default is made in respect
of which there is no such waiver.
38. On a promissory note given by the
maker to a third person to be
delivered to the payee after a
certain event should happen.
Three years. The date of the delivery to the payee.
39. On a dishonoured foreign bill
where protest has been made
and notice given.
Three years. When the notice is given.
40. By the payee against the drawer of
a bill of exchange, which has
been dishonoured bynonacceptance.
Three years. The date of the refusal to accept.
41. By the acceptor of an
accommodation-bill against the
drawer.
Three years. When the acceptor pays the amount of the
bill.
42. By a surety against the principal
debtor.
Three years. When the surety pays the creditor.
43. By a surety against a co-surety. Three years. When the surety pays anything in excess
of his own share.
44. (a) On a policy of insurance when
the sum insured is payable after
proof of the death has been
given to or received by the
insurers.
Three years. The date of the death of the deceased, or
where the claim on the policy is
denied, either partly or wholly, the
date of such denial.
(b) On a policy of insurance when
the sum insured is payable after
proof of the loss has been given
to or received by the insurers.
Three years. The date of the occurrence causing the
loss, or where the claim on the policy
is denied, either partly or wholly, the
date of such denial.
15
Description of suit Period of limitation Time from which period begins to run
45. By the assured to recover premia
paid under a policy voidable at
the election of the insurers.
Three years. When the insurers elect to avoid the
policy.
46. Under the Indian Succession Act,
1925 (39 of 1925), section 360
or section 361, to compel a
refund by a person to whom an
executor or administrator has
paid a legacy or distributed
assets.
Three years. The date of the payment or distribution.
47. For money paid upon an existing
consideration which afterwards
fails.
Three years. The date of the failure.
48. For contribution by a party who has
paid the whole or more than his
share of the amount due under a
joint decree, or by a sharer in a
joint estate who has paid the
whole or more than his share of
the amount of revenue due from
himself and his co-sharers.
Three years. The date of the payment in excess of the
plaintiff’s own share.
49. By a co-trustee to enforce against
the estate of a deceased trustee a
claim for contribution.
Three years. When the right to contribution accrues.
50. By the manager of a joint estate of
an undivided family for
contribution, in respect of a
payment made by him on
account of the estate.
Three years. The date of the payment.
51. For the profits of immovable
property belonging to the
plaintiff which have been
wrongfully received by the
defendant.
Three years. When the profits are received.
52. For arrears of rent. Three years. When the arrears become due.
53. By a vendor of immovable property
for personal payment of unpaid
purchase-money.
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.
54. For specific performance of a
contract.
Three years. The date fixed for the performance, or, if
no such date is fixed, when the
plaintiff has notice that performance
is refused.
55. For compensation for the breach of
any contract, express or implied
not herein specially provided
for.
Three years. When the contract is broken or (where
there are successive breaches) when
the breach in respect of which the
suit is instituted occurs or (where the
breach is continuing) when it ceases.
16
Description of suit Period of limitation Time from which period begins to run
PART III.—SUITS RELATING TO DECLARATIONS
56. To declare the forgery of an
instrument issued or registered.
Three years. When the issue or registration becomes
known to the plaintiff.
57. To obtain a declaration that an
alleged adoption is invalid, or
never, in fact, took place.
Three years. When the alleged adoption becomes
known to the plaintiff.
58. To obtain any other declaration. Three years. When the right to sue first accrues.
PART IV.—SUITS RELATING TO DECREES AND INSTRUMENTS
59. To cancel or set aside an instrument
or decree or for the rescission of
a contract.
Three years. When the facts entitling the plaintiff to
have the instrument or decree
cancelled or set aside or the contract
rescinded first become known to him.
60. To set aside a transfer of property
made by the guardian of a
ward—
(a) by the ward who has attained
majority;
Three years. When the ward attains majority.
(b)by the ward’s legal
representative—
(i) when the ward dies within
three years from the date of
attaining majority.
Three years. When the ward attains majority.
(ii) when the ward dies before
attaining majority.
Three years. When the ward dies.
PART V.—SUITS RELATING TO IMMOVABLE PROPERTY
61. By a mortgagor—
(a)to redeem or recover
possession of immovable
property mortgaged;
Thirty years. When the right to redeem or to recover
possession accrues.
(b)to recover possession of
immovable property mortgaged
and afterwards transferred by
the mortgagee for a valuable
consideration;
Twelve years. When the transfer becomes known to the
plaintiff.
(c) to recover surplus collections
received by the mortgagee after
the mortgage has been
satisfied.
Three years. When the mortgagor re-enters on the
mortgaged property.
62. To enforce payment of money
secured by a mortgage or
otherwise charged upon
immovable property.
Twelve years. When the money sued for becomes due.
63. By a mortgagee—
(a) for foreclosure; Thirty years. When the money secured by the mortgage
becomes due.
(b) for possession of immovable
property mortgaged.
Twelve years. When the mortgagee becomes entitled to
possession.
17
Description of suit Period of limitation Time from which period begins to run
64. For possession of immovable
property based on previous
possession and not on title, when
the plaintiff while in possession
of the property has been
dispossessed.
Twelve years. The date of dispossession.
65. For possession of immovable
property or any interest therein
based on title.
Explanation.—For the purposes of
this article—
(a)where the suit is by a
remainderman, a reversioner
(other than a landlord) or a
devisee, the possession of the
defendant shall be deemed to
become adverse only when the
estate of the remainderman,
reversioner or devisee, as the
case may be, falls into
possession;
(b) where the suit is by a Hindu
or Muslim entitled to the
possession of immovable
property on the death of a
Hindu or Muslim female, the
possession of the defendant
shall be deemed to become
adverse only when the female
dies;
(c)where the suit is by a
purchaser at a sale in execution
of a decree when the judgmentdebtor was out of possession at
the date of the sale, the
purchaser shall be deemed to
be a representative of the
judgment-debtor who was out
of possession.
Twelve years. When the possession of the defendant
becomes adverse to the plaintiff.
66. For possession of immovable
property when the plaintiff has
become entitled to possession by
reason of any forfeiture or breach
of condition.
Twelve years. When the forfeiture is incurred or the
condition is broken.
67. By a landlord to recover possession
from a tenant.
Twelve years. When the tenancy is determined.
PART VI.—SUITS RELATING TO MOVABLE PROPERTY
68. For specific movable property lost,
or acquired by theft, or dishonest
misappropriation or conversion.
Three years. When the person having the right to the
possession of the property first learns
in whose possession it is.
69. For other specific movable property. Three years. When the property is wrongfully taken.
70. To recover movable property
deposited or pawned from a
depositary or pawnee.
Three years. The date of refusal after demand.
18
Description of suit Period of
limitation
Time from which period begins to run
71. To recover movable property
deposited or pawned, and
afterwards bought from the
depository or pawnee for a
valuable consideration.
Three years. When the sale becomes known to the
plaintiff.
PART VII.—SUITS RELATING TO TORT
72. For compensation for doing or for
omitting to do an act alleged to
be in pursuance of any enactment
in force for the time being in the
territories to which this Act
extends.
One year. When the act or omission takes place.
73. For compensation for false
imprisonment.
One year. When the imprisonment ends.
74. For compensation for a malicious
prosecution.
One year. When the plaintiff is acquitted or the
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.
77. For compensation for loss of service
occasioned by the seduction of
the plaintiff’s servant or
daughter.
One year. When the loss occurs.
78. For compensation for inducing a
person to break a contract with
the plaintiff.
One year. The date of the breach.
79. For compensation for an illegal,
irregular or excessive distress.
One year. The date of the distress.
80. For compensation for wrongful
seizure of movable property
under legal process.
One year. The date of the seizure.
81. By executors, administrators or
representatives under the Legal
Representatives’ Suits Act, 1855
(12 of 1855).
One year. The date of the death of the person
wronged.
82. By executors, administrators or
representatives under the Indian
Fatal Accidents Act, 1855 (13 of
1855).
Two years. The date of the death of the person killed.
83. Under the Legal Representatives’
Suits Act, 1855 (12 of 1855),
against an executor, an
administrator or any other
representative.
Two years. When the wrong complained of is done.
84. Against one who, having a right to
use property for specific
purposes, perverts it to other
purposes.
Two years. When the perversion first becomes known
to the person injured thereby.
19
Description of suit Period of limitation Time from which period begins to run
85. For compensation for obstructing a
way or a water-course.
Three years. The date of the obstruction.
86. For compensation for diverting a
water-course.
Three years. The date of the diversion.
87. For compensation for trespass upon
immovable property.
Three years. The date of the trespass.
88. For compensation for infringing
copyright or any other exclusive
privilege.
Three years. The date of the infringement.
89. To restrain waste. Three years. When the waste begins.
90. For compensation for injury caused
by an injunction wrongfully
obtained.
Three years. When the injunction ceases.
91. For compensation,—
(a)for wrongfully taking or detaining
any specific movable
property lost, oracquired by theft,
or dishonest misappropriation, or
conversion;
Three years. When the person having the right to the
possession of the property first learns
in whose possession it is.
(b) for wrongfully taking or injuring
or wrongfully detaining any other
specific movable property.
Three years. When the property is wrongfully taken or
injured, or when the detainer’s
possession becomes unlawful.
PART VIII.—SUITS RELATING TO TRUSTS AND TRUST PROPERTY
92. To recover possession of immovable
property conveyed or bequeathed
in trust and afterwards transferred
by the trustee for a valuable
consideration.
Twelve years. When the transfer becomes known to the
plaintiff.
93. To recover possession of movable
property conveyed or bequeathed
in trust and afterwards transferred
by the trustee for a valuable
consideration.
Three years. When the transfer becomes known to the
plaintiff.
94. To set aside a transfer of immovable
property comprised in a Hindu,
Muslim or Buddhist religious or
charitable endowment, made by a
manager thereof for a valuable
consideration.
Twelve years. When the transfer becomes known to the
plaintiff.
95. To set aside a transfer of movable
property comprised in a Hindu,
Muslim or Buddhist religious or
charitable endowment, made by a
manager thereof for a valuable
consideration.
Three years. When the transfer becomes known to the
plaintiff.
96. By the manager of Hindu, Muslim or
Buddhist religious or charitable
endowment to recover possession
of movable or immovable
properly comprised in the
endowment which has been
transferred by a previous
manager for a valuable
consideration.
Twelve years. The date of death, resignation or removal
of the transferor or the date of
appointment of the plaintiff as
manager of the endowment,
whichever is later.
20
1. Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for “an order under rule 63 or rule 103,” (w.e.f. 29-12-1964).
Description of suit Period of limitation Time from which period begins to run
PART IX.—SUITS RELATING TO MISCELLANEOUS MATTERS
97. To enforce a right of pre-emption
whether the right is founded on
law or general usage or on
special contract.
One year. When the purchaser take under the sale
sought to 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.
98. By a person against whom 1
[an
order referred to in rule 63 or in
rule 103] of Order XXI of the
Code of Civil Procedure, 1908
(5 of 1908), or an order under
section 28 of thePresidency
Small Cause Courts Act, 1882
(15 of 1882), has been made, to
establish the right which he
claims to the property
comprised in the order.
One year. The date of the final order.
99. To set aside a sale by a civil or
revenue court or a sale for
arrears of Government revenue
or for any demand recoverable
as such arrears.
One year. When the sale is confirmed or would
otherwise have become final and
conclusive had no such suit been
brought.
100. To alter or set aside any decision
or order of a civil court in any
proceeding other than a suit or
any act or order of an officer of
Government in his official
capacity.
One year. The date of the final decision or order by the
court or the date of the act or order of
the officer, as the case may be.
101. Upon a judgment, including a
foreign judgment, or a
recognisance.
Three years. The date of the judgment or recognisance.
102. For property which the plaintiff has
conveyed while insane.
Three years. When the plaintiff is restored to sanity
and has knowledge of the conveyance.
103. To make good out of the general
estate of a deceased trustee the
loss occasioned by a breach of
trust.
Three years. The date of the trustee's death or if the
loss has not then resulted, the date of
the loss.
104. To establish a periodically
recurring right.
Three years. When the plaintiff is first refused the
enjoyment of the right.
105. By a Hindu for arrears of
maintenance.
Three years. When the arrears are payable.
106. For a legacy or for a share of a
residur bequeathed by a testator
or for a distributive share of the
property of an intestate against
an executor or an administrator
or some other person legally
charged with the duty of
distributing the estate.
Twelve years. When the legacy or share becomes
payable or deliverable.
21
Description of suit Period of limitation Time from which period begins to run
107. For possession of a hereditary
office.
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.
Twelve years. When the defendant takes possession of
the office adversely to the plaintiff.
108. Suit during the life of a Hindu or
Muslim female by a Hindu or
Muslim who, if the female died
at the date of instituting the suit,
would be entitled to the
possession of land, to have an
alienation of such land made by
the female declared to be void
except for her life or until her remarriage.
Twelve years. The date of the alienation.
109. By a Hindu governed by
Mitakshara law to set aside his
father’s alienation of ancestral
property.
Twelve years. When the alienee takes possession of the
property.
110. By a person excluded from a joint
family property to enforce a
right to share therein.
Twelve years. When the exclusion becomes known to
the plaintiff.
111. By or on behalf of any local
authority for possession of any
public street or road or any part
thereof from which it has been
dispossessed or of which it has
discontinued the possession.
Thirty years. The date of the dispossession or
discontinuance.
112. Any suit (except a suit before the
Supreme Court in the exercise of
its original jurisdiction) by or on
behalf of the Central
Government or any State
Government, including the
Government of the State of
Jammu and Kashmir.
Thirty years. When the period of limitation would
begin to run under this Act against a
like suit by a private person.
PART X.—SUITS FOR WHICH THERE IS NO PRESCRIBED PERIOD
113. Any suit for which no period of
limitation is provided elsewhere
in this Schedule.
Three years. When the right to sue accrues.
SECOND DIVISION—APPEALS
114. Appeal from an order of
acquittal,—
(a)under sub-section (1) or subsection (2) of section 417 of
the Code of Criminal
Procedure, 1898 (5 of 1898);
Ninety days. The date of the order appealed from.
(b)under sub-section (3) of
section 417 of that Code.
Thirty days. The date of the grant of special leave.
22
Description of suit Period of limitation Time from which period begins to run
115. Under the Code of Criminal
Procedure, 1898 (5 of 1898)—
(a) from a sentence of death
passed by a court of session or
by a High Court in the
exercise of its original
criminal jurisdiction;
Thirty days. The date of the sentence.
(b) from any other sentence or
any order not being an order
of acquittal—
(i) to the High Court Sixty days. The date of the sentence or order.
(ii) to any other court Thirty days. The date of the sentence or order.
116. Under the Code of Civil Procedure,
1908 (5 of 1908)—
(a) to a High Court from any
decree or order.
Ninety days. The date of the decree or order.
(b) to any other court from any
decree or order.
Thirty days. The date of the decree or order.
117. From a decree or order of any High
Court to the same Court.
Thirty days. The date of the decree or order.
THIRD DIVISION—APPLICATIONS
PART I.—APPLICATIONS IN SPECIFIED CASES
118. For leave to appear and defend a
suit under summary
procedure.
Ten days. When the summons is served.
119. Under the Arbitration Act, 1940
(10 of 1940),—
(a) for the filing in court of an
award;
Thirty days. The date of service of the notice of the
making of the award;
(b) for setting aside an award
or getting an award remitted
for reconsideration.
Thirty days. The date of service of the notice of the
filing of the award.
120. Under the Code of Civil
Procedure, 1908 (5 of 1908),
to have the legalrepresentative
of a deceased plaintiff or
appellant or of a deceased
defendant or respondent, made
a party.
Ninety days. The date of death of the plaintiff,
appellant, defendant or respondent, as
the case may be.
121. Under the same Code for an order
to set aside an abatement.
Sixty days. The date of abatement.
122. To restore a suit or appeal or
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.
Thirty days. The date of dismissal.
23
1. Subs. by Act 104 of 1976, s. 98, for “Thirty days” (w.e.f. 1-2-1977).
Description of suit Period of limitation Time from which period begins to run
123. To set aside a decree passed ex
parte or to rehear an appeal
decreed or heard ex parte.
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 be
deemed to be due service.
Thirty days. The date of the decree or where the
summons or notice was not duly
served, when the applicant had
knowledge of the decree.
124. For a review of judgment by a
court other than the Supreme
Court.
Thirty days. The date of the decree or order.
125. To record an adjustment or
satisfaction of a decree.
Thirty days. When the payment or adjustment is made.
126. For the payment of the amount of
a decree by instalments.
Thirty days. The date of the decree.
127. To set aside a sale in execution of
a decree, including any such
application by a judgmentdebtor.
1
[Sixty days]. The date of the sale.
128. For possession by one
dispossessed of immovable
property and disputing the
right of the decree-holder or
purchaser at a sale in
execution of a decree.
Thirty days. The date of the dispossession.
129. For possession after removing
resistance or obstruction to
delivery of possession of
immovable property decreed
or sold in execution of a
decree.
Thirty days. The date of resistance or obstruction.
130. For leave to appeal as a pauper—
(a) to the High Court; Sixty days. The date of decree appealed from.
(b) to any other court. Thirty days. The date of decree appealed from.
131. To any court for the exercise of
its powers of revision under
the Code of Civil Procedure,
1908 (5 of 1908), or the Code
of Criminal Procedure, 1898
(5 of 1898).
Ninety days. The date of the decree or order or
sentence sought to be revised.
132. To the High Court for a
certificate of fitness to appeal
to the Supreme Court under
clause (1) of article 132,
article 133 or sub-clause (c) of
clause (1) of article 134 of the
Constitution or under any
other law for the time being in
force.
Sixty days. The date of the decree, order or sentence.
24
1. Subs. by Act 53 of 1964, s. 3 and the Second Schedule, for “Where” (w.e.f. 12-12-1964.)
Description of suit Period of limitation Time from which period begins to run
133. To the Supreme Court for special
leave to appeal,—
(a) in a case involving death
sentence;
Sixty days. The date of the judgment final order or
sentence.
(b) in a case where leave to
appeal was refused by the
High Court;
Sixty days. The date of the order of refusal.
(c) in any other case. Ninety days. The date of the judgment or order.
134. For delivery of possession by a
purchaser of immovable
property at a sale in execution
of a decree.
One year. When the sale becomes absolute.
135. For the enforcement of a decree
granting a mandatory
injunction.
Three years. The date of the decree or where a date is
fixed for performance, such date.
136. For the execution of any decree
(other than a decree granting a
mandatory injunction) or
order of any civil court.
Twelve years.
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.
PART II—OTHER APPLICATION
137. Any other application for which
no period of limitation is
provided elsewhere in this
Division. Three years. When the right to apply accrues.