Cpc learning module 9 law of limitation

Dr. Khakare Vikas 1
E-LEARNING MODULES
TOPIC : CODE OF CIVIL PROCEDURE
CLASS: LLB third year and BALLB fifth year
MODULE 9 Law of Limitation
Submitted by:
Dr. Khakare Vikas
Asso. Prof.
Narayanrao Chavan Law College, Nanded
SRTMUN College code127
CONTENTS NOTES
1 Indian Limitation Act 1963
Object
It is basic requirement of justice is that every suit must be filed in
the Court within the time prescribed for the same.
All suits instituted after Limitation period is forbidden by this
law of Limitation.
It prescribes the period within which an existing right can be
enforced by a person.
1.1 Principles
Interest republicae ut sit fines litum: (It is to the advantage of the
State that there should be a limit to law suits.)
Vigilantibus non dormantibus jura subvenient: (Laws come to the
help of the vigilant, not of the sleepy.)
1.2 Difinition
"period of limitation" means the period of limitation prescribed
for any suit, appeal or application by the Schedule and
"prescribed period" means the period of limitation computed in
accordance with the provisions of this Act. [Sec. 2 (j)]
A law of Limitation prescribes the time at the end of which a
person is liable to suit, shall become exempt from answering
therein.
1.3 Effect of Limitation Act
The law of Limitation does not destroy the substantive right of a
party.
It simply bars remedy only.
Limitation bars only the remedy and does not extinguish the title.

Dr. Khakare Vikas 2
1.4 Limitation and burden of proof
The burden to prove that the proceeding instituted is within
limitation is on plaintiff / applicant / appellant.
2 BAR OF LIMITATION
Every suit instituted, appeal preferred, and application made after
the prescribed period shall be dismissed although limitation has
not been set up as a defence. [Sec. 3]
Section is applicable to following proceedings:
1.Suit,
2.Application, and
3.Appeal.
3 Extension of prescribed period in certain cases
Any appeal or any application, may be, admitted after the
prescribed period, if the appellant or the applicant satisfies the
Court that he had sufficient cause for not preferring the appeal or
making the application within such period. [Sec. 5]
Examples of sufficient cause:
Illness, imprisonment, poverty, minority, mistake of counsel,
delay in obtaining copies of documents, laches on the part of
court, etc.
4 Legal disabilities
Legal disabilities covered under this are: Minority, Lunacy,
Idiocy.
Where a person entitled to institute a suit or make an application
for the execution of a decree, is at the time from which the
prescribed period is to be reckoned, a minor or insane, or an
idiot, he may institute the suit or make the application within the
same period after the disability has ceased, as would otherwise
have been allowed from the time specified therefor in the third
column of the Schedule. [Sec. 6]
5 Continuous running of time
Where once time has begun to run, no subsequent disability or
inability to institute a suit or make an application stops it.
[Sec.9]
6 COMPUTATION OF PERIOD OF LIMITATION
While computation of Limitation period, each day is to be
counted. But while counting certain days are to be excluded or
not counted which are as under.

Dr. Khakare Vikas 3
The day on which period begins to run; day of judgment, time
required for copy of judgment/order/award/decree is excluded
[Sec.12]
where an application for leave to sue or appeal as a pauper has
been made and rejected, the time during which the applicant has
been prosecuting in good faith his application for such leave shall
be excluded [Sec. 13]
The time during which plaintiff has been prosecuting in a court
with due diligence, and such court, from defect of jurisdiction is
unable to entertain it shall be excluded.[Sec. 14]
Exclusion of time in certain other cases [S.15]
7 Effect of death
Where a person who would, if he were living, have a right to
institute a suit or make an application dies before the right
accrues or right accrues on death, limitation shall be computed
from the time when there is a legal representative of the deceased
capable of instituting such suit or making such application.
Where a person against whom, if he were living, a right to
institute a suit or make an application would have accrued dies
before the right accrues, the period of limitation shall be
computed from the time when there is a legal representative of
the deceased against whom the plaintiff may institute such
suit/application. [Sec. 16]
8 Effect of fraud or mistake
The suit or application is based upon the fraud of the
defendant/respondent OR knowledge of the right or title on
which suit or application is founded is concealed by the fraud of
defendant/respondent OR for relief from the consequences of a
mistake OR any document necessary to establish the right of the
plaintiff or applicant has been fraudulently concealed from him---
The period of limitation shall not begin to run until the plaintiff
or applicant has discovered the fraud or the mistake or could,
with reasonable diligence, have discovered it; or in the case of a
concealed document, until the plaintiff or the applicant first had
the means of producing the concealed document or compelling
its production [Sec. 17]

Dr. Khakare Vikas 4
9 Effect of acknowledgement in writing
Where, before the expiration of the prescribed period for a suit or
application in respect of any property or right, an
acknowledgement of liability in respect of such property or right
has been made in writing signed by the party against whom such
property or right is claimed, or by any person through whom he
derives his title or liability, a fresh period of limitation shall be
computed from the time when the acknowledgement was so
signed. [Sec. 18]
10 Effect of payment on account of debt or of interest on legacy
Where payment on account of a debt or of interest on a legacy is
made before the expiration of the prescribed period by the person
liable to pay the debt or legacy or by his agent duly authorised in
this behalf, a fresh period of limitation shall be computed from
the time when the payment was made. [Sec.19]
11 CONTINUING BREACHES AND TORTS
In the case of a continuing breach of contract or in the case of a
continuing tort, a fresh period of limitation begins to run at every
moment of the time during which the breach or the tort, as the
case may be, continues.[S.22]
12 SUITS FOR COMPENSATION FOR ACTS NOT
ACTIONABLE WITHOUT SPECIAL DAMAGE
In the case of a suit for compensation for an act which does not
give rise to a cause of action unless some specific injury actually
results there from, the period of limitation shall be computed
from the time when the injury results. [S. 23]
13 Acquisition of easement by prescription
Where the access and use of light or air to and for any building
have been peaceably enjoyed therewith as an easement, and as of
right, without interruption, and for twenty years, and where any
way or watercourse or the use of any water or any other easement
(whether affirmative or negative) has been peaceably and openly
enjoyed by any person claiming title thereto as an easement and
as of right without interruption and for twenty years, the right to
such access and use of light or air, way, watercourse, use of
water, or other easement shall be absolute and indefeasible. [Sec.
25]

Dr. Khakare Vikas 5
Where the property over which a right is claimed belongs to the
government that sub-section shall be read as if for the words
"twenty years" the words "thirty years" were substituted.
Questions for practice.
1. What is object of Limitation Act?
2. When court can condone delay for appeal?
3. What are effect of death on limtation?
4. What is prescription under the Limitation Act?
For more information and study read Code of Civil Procedure 1908 with commentary and case
laws.

Cpc learning module 9 law of limitation

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Cpc learning module 9 law of limitation