(w.e.f. 20-12-1974).
THE SCHEDULE (PERIODS OF LIMITATION) [See sections 2(j) and 3] FIRST DIVISION—SUITS
Description of suit Period of limitation Time from which period begins to run open and current account, where item admitted or proved is entered in there have been reciprocal the account; such year to be computed demands between the parties. 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 Three years. When the account is, during the movable property received by the continuance of the agency, demanded latter and not accounted for. and refused or, where no such demand is made, when the agency terminates. 4. Other suits by principals against Three years. When the neglect or misconduct becomes agents for neglect or misconduct. known to the plaintiff. 5. For an account and a share of the Three years. The date of the dissolution. profits of a dissolved partnership. 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 Three years. When the wages accrue due. person. by the keeper of a hotel, tavern or lodging-house. for losing or injuring goods. 11. Against a carrier for compensation Three years. When the goods ought to be delivered. for non-delivery of, or delay in delivering, goods. boats or household furniture. in payment of goods to be delivered. delivered where no fixed period of credit is agreed upon. delivered to be paid for after the expiry of a fixed period of credit.
Description of suit Period of limitation Time from which period begins to run delivered to be paid for by a bill elapses. of exchange, no such bill being given. crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon. plaintiff for the defendant at his request, where no time has been fixed for payment. 19. For money payable for money lent. Three years. When the loan is made. 20. Like suit when the lender has given Three years. When the cheque is paid. a cheque for the money. 21. For money lent under an agreement Three years. When the loan is made. that it shall be payable on demand. 22. For money deposited under an Three years. When the demand is made. agreement that it shall be payable on demand, including money of a customer in the hands of his banker so payable. 23. For money payable to the plaintiff Three years. When the money is paid. for money paid for the defendant. 24. For money payable by the Three years. When the money is received. defendant to the plaintiff for money received by the defendant, for the plaintiff's use. 25. For money payable for interest Three years. When the interest becomes due. upon money due from the defendant to the plaintiff. 26. For money payable to the plaintiff Three years. When the accounts are stated in writing for money found to be due from signed by the defendant or his agent the defendant to the plaintiff on duly authorised in this behalf, unless accounts stated between them. 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 Three years. When the time specified arrives or the promise to do anything at a contingency happens. specified time, or upon the happening of a specified contingency. 28. On a single bond, where a day is Three years. The day so specified. specified for payment. 29. On a single bond, where no such Three years. The date of executing the bond. day is specified. 30. On a bond subject to a condition. Three years. When the condition is broken.
Description of suit Period of limitation Time from which period begins to run 31. On a bill of exchange or promissory Three years. When the bill or note falls due. note payable at a fixed time after date. 32. On a bill of exchange payable at Three years. When the bill is presented. sight, or after sight, but not at a fixed time. 33. On a bill of exchange accepted Three years. When the bill is presented at that place. payable at a particular place. 34. On a bill of exchange or promissory Three years. When the fixed time expires. note payable at a fixed time after sight or after demand. 35. On a bill of exchange or promissory Three years. The date of the bill or note. note payable on demand and not accompanied by any writing restraining or postponing the right to sue. 36. On a promissory note or bond Three years. The expiration of the first term of payable by instalments. 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 Three years. When the default is made, unless where payable by instalments, which the payee or obligee waives the provides that, if default be made benefit of the provision and then in payment of one or more when fresh default is made in respect instalments, the whole shall be of which there is no such waiver. due. 38. On a promissory note given by the Three years. The date of the delivery to the payee. maker to a third person to be delivered to the payee after a certain event should happen. 39. On a dishonoured foreign bill Three years. When the notice is given. where protest has been made and notice given. 40. By the payee against the drawer of Three years. The date of the refusal to accept. a bill of exchange, which has been dishonoured bynon- acceptance. 41. By the acceptor of an Three years. When the acceptor pays the amount of the accommodation-bill against the bill. drawer. 42. By a surety against the principal Three years. When the surety pays the creditor. debtor. 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 Three years. The date of the death of the deceased, or the sum insured is payable after where the claim on the policy is proof of the death has been denied, either partly or wholly, the given to or received by the date of such denial. insurers.
(b) On a policy of insurance when Three years. The date of the occurrence causing the the sum insured is payable after loss, or where the claim on the policy proof of the loss has been given is denied, either partly or wholly, the to or received by the insurers. date of such denial.
Description of suit Period of limitation Time from which period begins to run 45. By the assured to recover premia Three years. When the insurers elect to avoid the paid under a policy voidable at policy. the election of the insurers.
46. Under the Indian Succession Act, Three years. The date of the payment or distribution. 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.
47. For money paid upon an existing Three years. The date of the failure. consideration which afterwards fails. 48. For contribution by a party who has Three years. The date of the payment in excess of the paid the whole or more than his plaintiff’s own share. 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.
49. By a co-trustee to enforce against Three years. When the right to contribution accrues. the estate of a deceased trustee a claim for contribution. 50. By the manager of a joint estate of Three years. The date of the payment. an undivided family for contribution, in respect of a payment made by him on account of the estate. property belonging to the plaintiff which have been wrongfully received by the defendant. 52. For arrears of rent. Three years. When the arrears become due.
53. By a vendor of immovable property Three years. The time fixed for completing the sale, for personal payment of unpaid or (where the title is accepted after purchase-money. the time fixed for completion) the date of the acceptance. 54. For specific performance of a Three years. The date fixed for the performance, or, if contract. no such date is fixed, when the plaintiff has notice that performance is refused. 55. For compensation for the breach of Three years. When the contract is broken or (where any contract, express or implied there are successive breaches) when not herein specially provided the breach in respect of which the for. suit is instituted occurs or (where the breach is continuing) when it ceases.
Description of suit Period of limitation Time from which period begins to run 56. To declare the forgery of an Three years. When the issue or registration becomes instrument issued or registered. known to the plaintiff.
57. To obtain a declaration that an Three years. When the alleged adoption becomes alleged adoption is invalid, or known to the plaintiff. never, in fact, took place. 58. To obtain any other declaration. Three years. When the right to sue first accrues. 59. To cancel or set aside an instrument Three years. When the facts entitling the plaintiff to or decree or for the rescission of have the instrument or decree a contract. 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 Three years. When the ward attains majority. majority;
(b)by the ward’s legal representative—
(i) when the ward dies within Three years. When the ward attains majority. three years from the date of attaining majority.
(ii) when the ward dies before Three years. When the ward dies. attaining majority. 61. By a mortgagor—
(a)to redeem or recover Thirty years. When the right to redeem or to recover possession of immovable possession accrues. property mortgaged;
(b)to recover possession of Twelve years. When the transfer becomes known to the immovable property mortgaged plaintiff. and afterwards transferred by the mortgagee for a valuable consideration;
(c) to recover surplus collections Three years. When the mortgagor re-enters on the received by the mortgagee after mortgaged property. the mortgage has been satisfied. 62. To enforce payment of money Twelve years. When the money sued for becomes due. secured by a mortgage or otherwise charged upon immovable property. 63. By a mortgagee—
(a) for foreclosure; Thirty years. When the money secured by the mortgage becomes due.
(b) for possession of immovable Twelve years. When the mortgagee becomes entitled to property mortgaged. possession.
Description of suit Period of limitation Time from which period begins to run 64. For possession of immovable Twelve years. The date of dispossession. property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed. 65. For possession of immovable Twelve years. When the possession of the defendant property or any interest therein becomes adverse to the plaintiff. 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 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. 66. For possession of immovable Twelve years. When the forfeiture is incurred or the property when the plaintiff has condition is broken. become entitled to possession by reason of any forfeiture or breach of condition. 67. By a landlord to recover possession Twelve years. When the tenancy is determined. from a tenant. 68. For specific movable property lost, Three years. When the person having the right to the or acquired by theft, or dishonest possession of the property first learns misappropriation or conversion. in whose possession it is. 69. For other specific movable property. Three years. When the property is wrongfully taken. 70. To recover movable property Three years. The date of refusal after demand. deposited or pawned from a depositary or pawnee.
Description of suit Period of Time from which period begins to run limitation 71. To recover movable property Three years. When the sale becomes known to the deposited or pawned, and plaintiff. afterwards bought from the depository or pawnee for a valuable consideration. 72. For compensation for doing or for One year. When the act or omission takes place. 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. 73. For compensation for false One year. When the imprisonment ends. imprisonment. 74. For compensation for a malicious One year. When the plaintiff is acquitted or the prosecution. 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 One year. When the loss occurs. occasioned by the seduction of the plaintiff’s servant or daughter. 78. For compensation for inducing a One year. The date of the breach. person to break a contract with the plaintiff. 79. For compensation for an illegal, One year. The date of the distress. irregular or excessive distress. 80. For compensation for wrongful One year. The date of the seizure. seizure of movable property under legal process. 81. By executors, administrators or One year. The date of the death of the person representatives under the Legal wronged. Representatives’ Suits Act, 1855 (12 of 1855). 82. By executors, administrators or Two years. The date of the death of the person killed. representatives under the Indian Fatal Accidents Act, 1855 (13 of
1855). 83. Under the Legal Representatives’ Two years. When the wrong complained of is done. Suits Act, 1855 (12 of 1855), against an executor, an administrator or any other representative. 84. Against one who, having a right to Two years. When the perversion first becomes known use property for specific to the person injured thereby. purposes, perverts it to other purposes.
Description of suit Period of limitation Time from which period begins to run 85. For compensation for obstructing a Three years. The date of the obstruction. way or a water-course. 86. For compensation for diverting a Three years. The date of the diversion. water-course. 87. For compensation for trespass upon Three years. The date of the trespass. immovable property. 88. For compensation for infringing Three years. The date of the infringement. copyright or any other exclusive privilege. 89. To restrain waste. Three years. When the waste begins. 90. For compensation for injury caused Three years. When the injunction ceases. by an injunction wrongfully obtained. 91. For compensation,—
(a)for wrongfully taking or detaining Three years. When the person having the right to the any specific movable possession of the property first learns property lost, oracquired by theft, in whose possession it is. or dishonest misappropriation, or conversion;
(b) for wrongfully taking or injuring Three years. When the property is wrongfully taken or or wrongfully detaining any other injured, or when the detainer’s specific movable property. possession becomes unlawful. 92. To recover possession of immovable Twelve years. When the transfer becomes known to the property conveyed or bequeathed plaintiff. in trust and afterwards transferred by the trustee for a valuable consideration. 93. To recover possession of movable Three years. When the transfer becomes known to the property conveyed or bequeathed plaintiff. in trust and afterwards transferred by the trustee for a valuable consideration. 94. To set aside a transfer of immovable Twelve years. When the transfer becomes known to the property comprised in a Hindu, plaintiff. Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. 95. To set aside a transfer of movable Three years. When the transfer becomes known to the property comprised in a Hindu, plaintiff. Muslim or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. 96. By the manager of Hindu, Muslim or Twelve years. The date of death, resignation or removal Buddhist religious or charitable of the transferor or the date of endowment to recover possession appointment of the plaintiff as of movable or immovable manager of the endowment, properly comprised in the whichever is later. endowment which has been transferred by a previous manager for a valuable consideration.
Description of suit Period of limitation Time from which period begins to run 97. To enforce a right of pre-emption One year. When the purchaser take under the sale whether the right is founded on sought to be impeached, physical law or general usage or on possession of the whole or part of the special contract. 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 [an One year. The date of the final order. 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. 99. To set aside a sale by a civil or One year. When the sale is confirmed or would revenue court or a sale for otherwise have become final and arrears of Government revenue conclusive had no such suit been or for any demand recoverable brought. as such arrears. 100. To alter or set aside any decision One year. The date of the final decision or order by the or order of a civil court in any court or the date of the act or order of proceeding other than a suit or the officer, as the case may be. any act or order of an officer of Government in his official capacity. 101. Upon a judgment, including a Three years. The date of the judgment or recognisance. foreign judgment, or a recognisance. 102. For property which the plaintiff has Three years. When the plaintiff is restored to sanity conveyed while insane. and has knowledge of the conveyance. 103. To make good out of the general Three years. The date of the trustee's death or if the estate of a deceased trustee the loss has not then resulted, the date of loss occasioned by a breach of the loss. trust. 104. To establish a periodically Three years. When the plaintiff is first refused the recurring right. enjoyment of the right. 105. By a Hindu for arrears of Three years. When the arrears are payable. maintenance. 106. For a legacy or for a share of a Twelve years. When the legacy or share becomes residur bequeathed by a testator payable or deliverable. 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.
Description of suit Period of limitation Time from which period begins to run 107. For possession of a hereditary Twelve years. When the defendant takes possession of office. the office adversely to the plaintiff.
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. 108. Suit during the life of a Hindu or Twelve years. The date of the alienation. 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. 109. By a Hindu governed by Twelve years. When the alienee takes possession of the Mitakshara law to set aside his property. father’s alienation of ancestral property. 110. By a person excluded from a joint Twelve years. When the exclusion becomes known to family property to enforce a the plaintiff. right to share therein. 111. By or on behalf of any local Thirty years. The date of the dispossession or authority for possession of any discontinuance. public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession. 112. Any suit (except a suit before the Thirty years. When the period of limitation would Supreme Court in the exercise of begin to run under this Act against a its original jurisdiction) by or on like suit by a private person. behalf of the Central Government or any State Government, including the Government of the State of Jammu and Kashmir. 113. Any suit for which no period of Three years. When the right to sue accrues. limitation is provided elsewhere in this Schedule. SECOND DIVISION—APPEALS 114. Appeal from an order of acquittal,—
(a)under sub-section (1) or sub- Ninety days. The date of the order appealed from. section (2) of section 417 of the Code of Criminal Procedure, 1898 (5 of 1898);
(b)under sub-section (3) of Thirty days. The date of the grant of special leave. section 417 of that Code.
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 Thirty days. The date of the sentence. passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction;
(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 Ninety days. The date of the decree or order. decree or order.
(b) to any other court from any Thirty days. The date of the decree or order. decree or order. 117. From a decree or order of any High Thirty days. The date of the decree or order. Court to the same Court. THIRD DIVISION—APPLICATIONS 118. For leave to appear and defend a Ten days. When the summons is served. suit under summary procedure. 119. Under the Arbitration Act, 1940 (10 of 1940),—
(a) for the filing in court of an Thirty days. The date of service of the notice of the award; making of the award;
(b) for setting aside an award Thirty days. The date of service of the notice of the or getting an award remitted filing of the award. for reconsideration. 120. Under the Code of Civil Ninety days. The date of death of the plaintiff, Procedure, 1908 (5 of 1908), appellant, defendant or respondent, as to have the legalrepresentative the case may be. of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party. 121. Under the same Code for an order Sixty days. The date of abatement. to set aside an abatement. 122. To restore a suit or appeal or Thirty days. The date of dismissal. 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.
Description of suit Period of limitation Time from which period begins to run 123. To set aside a decree passed ex Thirty days. The date of the decree or where the parte or to rehear an appeal summons or notice was not duly decreed or heard ex parte. served, when the applicant had
Explanation.—For the purpose of knowledge of the decree. 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. 124. For a review of judgment by a Thirty days. The date of the decree or order. court other than the Supreme Court. 125. To record an adjustment or Thirty days. When the payment or adjustment is made. satisfaction of a decree. 126. For the payment of the amount of Thirty days. The date of the decree. a decree by instalments. 1[Sixty days]. 127. To set aside a sale in execution of The date of the sale. a decree, including any such application by a judgment- debtor. 128. For possession by one Thirty days. The date of the dispossession. dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree. 129. For possession after removing Thirty days. The date of resistance or obstruction. resistance or obstruction to delivery of possession of immovable property decreed or sold in execution of a decree. 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 Ninety days. The date of the decree or order or its powers of revision under sentence sought to be revised. the Code of Civil Procedure, 1908 (5 of 1908), or the Code of Criminal Procedure, 1898 (5 of 1898). 132. To the High Court for a Sixty days. The date of the decree, order or sentence. 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.
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 Sixty days. The date of the judgment final order or sentence; sentence.
(b) in a case where leave to Sixty days. The date of the order of refusal. appeal was refused by the High Court;
(c) in any other case. Ninety days. The date of the judgment or order. 134. For delivery of possession by a One year. When the sale becomes absolute. purchaser of immovable property at a sale in execution of a decree. 135. For the enforcement of a decree Three years. The date of the decree or where a date is granting a mandatory fixed for performance, such date. injunction. 1[When] 136. For the execution of any decree Twelve years. the decree or order becomes (other than a decree granting a enforceable or where the decree or any mandatory injunction) or subsequent order directs any payment order of any civil court. 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. 137. Any other application for which Three years. When the right to apply accrues. no period of limitation is provided elsewhere in this Division.