Limitation Period at a Glance

The Limitation Act, 1963, is the principal law in India that prescribes the time limits within which legal proceedings must be initiated. Its objective is to ensure that disputes are brought before courts within a reasonable period, thereby promoting certainty, preventing stale claims, and protecting evidence from becoming unreliable over time.

Key Facts

• Enacted: 1963

• Came into force: 1 January 1964

• Applies to: Civil suits, appeals, and applications, unless a special or local law provides a different limitation period.

• Contains: 32 Sections and 137 Articles in the Schedule.

Important Principles

• Limitation bars the remedy, not the right (except where the statute specifically extinguishes the right, such as Section 27 regarding suits for possession of property).

• Courts must dismiss a suit, appeal, or application filed after the prescribed limitation period, even if limitation is not pleaded by the opposite party (Section 3).

• Time generally begins to run when the cause of action arises.

• Certain circumstances, such as legal disability, fraud, acknowledgment of liability, or sufficient cause for delay, may extend or suspend the limitation period as provided under the Act.

Below are some of the most important limitation periods under the Schedule to the Limitation Act, 1963 that are frequently used in practice and examinations.

High-Value Periods to Remember

• 1 year – Defamation, malicious prosecution, false imprisonment.

• 3 years – The general limitation period for most civil suits, including contracts, money recovery, compensation, declarations, and specific performance.

• 12 years – Execution of decrees and suits for possession of immovable property based on title.

• 30 years – Redemption and foreclosure of mortgages.