First Division - SUIT
PART I.—APPLICATIONS IN SPECIFIED CASES
Sr. No. Description of suit Period of limitation Time from which period begins to run
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. —OTHER APPLICATION
Sr. No. Description of suit Period of limitation Time from which period begins to run
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
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
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 bynon-acceptance 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
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
PART III. — Suits Relating To Declarations
Sr. No. Description of suit Period of limitation Time from which period begins to run
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
Sr. No. Description of suit Period of limitation Time from which period begins to run
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
Sr. No. Description of suit Period of limitation Time from which period begins to run
61 By a mortgagor
(b) 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
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; Twelve years When the possession of the defendant becomes adverse to the plaintiff
(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; Twelve years When the possession of the defendant becomes adverse to the plaintiff
(c) where the suit is by a purchaser at a sale in execution of a decree when the judgment-debtor 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
Sr. No. Description of suit Period of limitation Time from which period begins to run
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
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
Sr. No. Description of suit Period of limitation Time from which period begins to run
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
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
Sr. No. Description of suit Period of limitation Time from which period begins to run
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
PART IX. — Suits Relating To Miscellaneous Matters
Sr. No. Description of suit Period of limitation Time from which period begins to run
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
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 re-marriage 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
Sr. No. Description of suit Period of limitation Time from which period begins to run
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
Sr. No. Description of suit Period of limitation Time from which period begins to run
114 Appeal from an order of acquittal—,
(a) under sub-section (1) or sub-section (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
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
Sr. No. Description of suit Period of limitation Time from which period begins to run
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 legal representative 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
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 judgment-debtor 2[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
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 3[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 Aolication
Sr. No. Description of suit Period of limitation Time from which period begins to run
137 Any other application for which no period of limitation is provided elsewhere in this Division. Three years When the right to apply accrues