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TMI BlogPERIODS OF LIMITATIONX X X X Extracts X X X X X X X X Extracts X X X X ..... ts of a dissolved partnership. Three years The date of the dissolution. PART II - SUITS RELATING TO CONTRACTS 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 person Three years When the wages accrue due. 8. For the price of food or drink sold by the keeper of a hotel, tavern or lodging house. Three years When the food or drink is delivered. 9. For the price of lodging. Three years When the price be comes payable. 10. Against a carrier for compensa tion for losing or injuring goods Three years When the loss or in jury occurs. 11 Against a carrier for compensa tion for non-delivery of, or delay in delivering, goods. Three years When the goods ought to be delivered. 12 For the hire of animals, vehi cles, boats or household furni ture. Three years When the hire be comes payable. 13 For the balance of money ad vanced in payment of goods to be delivered. Three years When the goods ought to be delivered. 14 For the price of goods sold and delivered where no fixed period of credit is agreed upon. Three years The date of the deliv ery of the goods. 15. For the price of goods sold and delivered to be paid for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fixed time after date. Three years When the bill or note falls due. 32. On a bill of exchange payable at sight, or after sight, but not at a fixed time. Three years When the bill is present ed. 33. On a bill of exchange accepted payable at a particular place. Three years When the bill is present ed at that place. 34. On a bill of exchange or promis sory note payable at a fixed time after sight or after demand Three years When the fixed time expires. 35. On a bill of exchange or promis sory note payable on demand and not accompanied by any writing restraining or postpon ing the right to sue. Three years The date of the bill or note. 36. On a promissory note or bond payable by instalments Three years The expiration of the first term of payment as to the part then pay able ; and for the other parts, the expiration of the respective terms of payment. 37. On a promissory note or bond payable by instalments, which provides that, if default be made in payment of one or more instalments, the whole shall be due. Three years When the default is made, unless where the payee or obligee waives the benefit of the provi sion and then when fresh default is made in respect of which there is no suc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ided family for con tribution, in respect of a pay ment made by him on account of the estate. Three years The date of the payment. 51. For the profits of immovable property belonging to the plain tiff which have been wrongfully received by the defendant. Three years When the profits are re ceived. 52. For arrears of rent. Three years When the arrears be come due. 53. By a vendor of immovable pro perty for personal payment of unpaid purchase-money. Three years The time fixed for com pleting the sale, or (where the title is accepted after the time fixed for completion) the date of the accep tance. 54. For specific performance of a contract. Three years The date fixed for the performance, or, if no such date is fixed, when the plaintiff has noticed that perfor mance is refused. 55. For compensation for the breach of any contract, express or implied not herein specially provided for Three years When the contract is broken or (where there are successive. breaches) when the breach in respect of which the suit is insti tuted occurs or (where the breach is continu ing) when it ceases. PART III - SUITS RELATING TO DECLARATIONS 56. To declare the forgery of an instrument issued or regtered T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this article (a) where the suit is by a remainderman, a reversion-er (otherthan 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 posses sion ; ( b) where the suit is by a Hindu or Muslim entitled to the possession of immov able 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 pur chaser at a sale in execu tion 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 judg ment-debtor who was out of possession. 66. For possession of immovable property when the plaintiff has become entitled to possession by reason of any forfeiture or breach of condition. Twelve years When the forfeiture is incurred or the condi tion is broken. 67 By a landlord to recover posses sion from a tenant Twelve years When the tenancy is determined. PART VI - SUITS RELATING TO MOVABLE PROPERTY 68. For specific movable property lost, or acquired by theft, or dishones ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he perversion first becomes known to the person injured thereby. 85. For compensation for obstructing a way or a water course. Three years The date of the obstruc tion. 86. For compensation for diverting a water course. Three years The date of the diversion. 87. For compensation for trespass upon immovable property. Three years The date of the trespass 88. For compensation for infring ing copyright or any other exclusive privilege. Three years The date of the infringement. 89. To restrain waste. Three years When the waste begins. 90. For compensation for injury caused by an injunction wrong fully obtained. Three years When the injunction ceases. 91. For compensation, (a) for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dis honest mis-appropriation or conversion ; Three years When the person hav ing the right to the possession of the pro perty first learns in whose possession it is. ( b) for wrongfully taking or inj uring or wrongfully detain ing any other specific mov able property. Three years When the property is wrongfully taken or injured, or when the detainer's possession becomes unlawful. PART VIII - SUITS RELATING TO TRUSTS AND ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... had no such suit been brought. 100. To alter or set aside any decision or order of a civil court in any proceeding other than a suit or any act or order of an officer of Government in his official capacity. One year The date of the final decision or order by the court or the date of the act or order of the officer, as the case may be. 101. Upon a judgment, including a foreign judgment, or a recog nisance. Three years The date of the judg ment or recognisance. 102. For property which the plaintiff has conveyed while insane Three years When the plaintiff is restored to sanity and has knowledge of the conveyance. 103. To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. Three years The date of the trustee's death or if the loss has not then resulted, the date of the loss. 104. To establish a periodically re curring right. Three years When the plaintiff is first refused the enjoy ment of the right. 105. By a Hindu for arrears of main tenance. Three years When the arrears are payable. 106. For a legacy or for a share of a residue bequeathed by a testa tor or for a distributive share of the property of an intestate against an executor or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1898) (a) from a sentence of death passed by a court of session or by a High Court in the exercise of its original crimi nal jurisdiction; Thirty days The date of the sen tence. ( 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 Proce dure, 1908 (5 of 1908) (a) to a High Court from any decree or order; Ninety days The date of the decree or order ( b) to any other court from any decree or order. Thirty days The date of the decree or order. 117. From a decree or order of any High Court to the same Court. Thirty days The date of the decree or order. THIRD DIVISION - APPLICATIONS Description of application Period of limitation Time from which period begins to run PART I - APPLICATIONS IN SPECIFIED CASES 118. For leave to appear and defend Ten days a suit under summary proce dure. Ten days When the summons is served. 119. Under the Arbitration Act, 1940 (10 of l940) (a) for the filing in court of an award; Thirty days The date of service of the notice of the mak ing of the award. (b) for setting ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8). Ninety days The date of the decree or order or sentence sought to be revised. 132. To the High Court for a 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. Sixty days The date of the decree, order or sentence. 133. To the Supreme Court for spe cial leave to appeal (a) in a case involving death Sixty days sentence; Sixty days The date of the judg ment, final order or sentence. (b) in a case where leave to appeal was refused by the High Court ; Sixty days The date of the order of refusal (c) in any other case. Ninety days The date of the judg ment or order. 134. For delivery of possession by a purchaser of immovable property at a sale in execution of a decree. One year When the sale becomes absolute. 135. For the enforcement of a decree granting a mandatory injunction Three years The date of the decree or where a date is fixed, for performance, such date. 136. For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court. Twelve years When the decree or order bec ..... X X X X Extracts X X X X X X X X Extracts X X X X
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