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LIMITATION ACT NOTES - 1


The Limitation Act, 1963 (Act No. 36 of 1963)

Enacted: 5th October 1963
Purpose: To consolidate and amend the law relating to the limitation of suits, appeals, and other legal proceedings in India.
Applicability: Extends to the whole of India (including Jammu & Kashmir from the 2019 amendment).
Commencement: Came into force on dates notified by the Central Government (initially from 1st January 1964).

Part I: Preliminary

Section 1: Short Title, Extent, and Commencement

  • (1) This Act may be called the Limitation Act, 1963.

  • (2) It extends to the whole of India.

  • (3) It shall come into force on such date as the Central Government may notify in the Official Gazette.

  • Amended to apply uniformly including Jammu & Kashmir from October 2019.

Section 2: Definitions

(In this Act, unless the context otherwise requires:)

  • (a) “Applicant” includes:
    (i) a petitioner;
    (ii) any person from or through whom an applicant derives his right to apply;
    (iii) any person whose estate is represented by the applicant as executor, administrator or other representative.

  • (b) “Application” includes a petition.

  • (c) “Bill of exchange” includes a hundi and a cheque.

  • (d) “Bond” includes any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed.

  • (e) “Defendant” includes:
    (i) any person from or through whom a defendant derives his liability to be sued;
    (ii) any person whose estate is represented by the defendant as executor, administrator or other representative.

  • (f) “Easement” includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting upon, the land of another.

  • (g) “Foreign country” means any country other than India.

  • (h) “Good faith”—nothing shall be deemed to be done in good faith which is not done with due care and attention.

  • (i) “Plaintiff” includes:
    (i) any person from or through whom a plaintiff derives his right to sue;
    (ii) any person whose estate is represented by the plaintiff as executor, administrator or other representative.

  • (j) “Period of limitation” means the period of limitation prescribed for any suit, appeal or application by the Schedule.

  • (k) “Promissory note” means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight.

  • (l) “Suit” does not include an appeal or an application.

  • (m) “Tort” means a civil wrong which is not exclusively the breach of a contract or the breach of a trust.

  • (n) “Trustee” does not include a benamidar, a mortgagee remaining in possession after the mortgage has been satisfied or a person in wrongful possession without title.

Key Features and Concepts

  • The Act prescribes specific limitation periods for different types of legal actions in its Schedule.

  • The limitation period generally starts from the date the cause of action arises unless otherwise specified.

  • Legal disabilities or exceptions (such as minority, unsoundness of mind, imprisonment) may extend the limitation period.

  • Time during court closure due to public holidays may be excluded in computing limitation periods.

  • Acknowledgment of liability in writing can restart the limitation period under specified conditions.

  • Special provisions apply for suits involving government entities, contracts outside India, easements, tort claims, trusts, etc.


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