Limitation Act PDF Download

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PART I – PRELIMINARY 1. Short title, extent and commencement. (1) This Act may be called the Limitation Act, 1963. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall come into force on such date as the Central Government may, byKEEP READING

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 aKEEP READING

PART II – LIMITATION OF SUITS, APPEALS AND APPLICATIONS 3. Bar of limitation. (1) Subject to the provisions contained in sections 4 to 24 (inclusive), 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. (2) ForKEEP READING

4. Expiry of prescribed period when court is closed. Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the date when the court reopens. Explanation- A court shallKEEP READING

5. Extension of prescribed period in certain cases. Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be, admitted after the prescribed period, if the appellant or the applicant satisfies the court that heKEEP READING

6. Legal disability. (1) 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 theKEEP READING

7. Disability of one of several persons. Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against themKEEP READING

8. Special exceptions. Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period of limitation for anyKEEP READING

9. 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: Provided that where letters of administration to the estate of creditor have been granted to his debtor, the running of the period of limitationKEEP READING

10. Suits against trustees and their representatives. Notwithstanding anything contained in the foregoing provisions of this Act, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purposeKEEP READING

11. Suits on contracts entered into outside the territories to which the Act extends. (1) Suits instituted in the territories to which this Act extends on contracts entered into in the State of Jammu and Kashmir or in a foreign country shall be subject to the rules of limitation containedKEEP READING

PART III – COMPUTATION OF PERIOD OF LIMITATION 12. Exclusion of time in legal proceedings. (1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.  (2) In computing the period of limitation for an appeal orKEEP READING

13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for. In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected,KEEP READING

14. Exclusion of time of proceeding bona fide in court without jurisdiction. (1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a court of first instance or of appeal or revision, againstKEEP READING

15. Exclusion of time in certain other cases. (1) In computing the period of limitation of any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, theKEEP READING