Scribd
Upload
22 views2 pages

The Limitation Act

The Limitation Act, 1963, establishes time limits for filing lawsuits in India, ensuring timely justice and preventing indefinite legal threats. It includes provisions for dismissing suits filed after the prescribed period, allows for extensions in certain cases, and outlines specific rules for computing limitation periods. The Act promotes diligence in legal processes and balances the interests of both plaintiffs and defendants.

Uploaded by

vivekanandv273
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
22 views2 pages

The Limitation Act

The Limitation Act, 1963, establishes time limits for filing lawsuits in India, ensuring timely justice and preventing indefinite legal threats. It includes provisions for dismissing suits filed after the prescribed period, allows for extensions in certain cases, and outlines specific rules for computing limitation periods. The Act promotes diligence in legal processes and balances the interests of both plaintiffs and defendants.

Uploaded by

vivekanandv273
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
You are on page 1/ 2

The Limitation Act, 1963, is a key piece of legislation in India that prescribes the time limits

within which a lawsuit must be filed in court. If a suit is not filed within the prescribed time,
the right to sue is extinguished. The general features and provisions of the Limitation Act,
1963, are as follows:

General Features:

1. Purpose:
o To prescribe the time limits for filing suits and other legal proceedings to
ensure timely justice and prevent the indefinite threat of legal actions.
o To provide certainty and finality in legal matters.
2. Coverage:
o The Act applies to suits, appeals, and applications filed in civil courts and
certain tribunals.
o It specifies the time limits for various types of legal actions, including
contracts, torts, property disputes, and more.
3. Bar to Legal Actions:
o If a legal action is not initiated within the prescribed time limit, the remedy is
barred, although the right may still exist.
4. Exclusion of Time:
o Certain periods, such as the time taken in obtaining legal advice or time spent
in a previous proceeding that is later set aside, may be excluded from the
computation of the limitation period.

Key Provisions:

1. Section 3: Bar of Limitation


o Courts must dismiss any suit, appeal, or application filed after the prescribed
period, even if the limitation defense is not raised by the parties.
2. Section 5: Extension of Prescribed Period in Certain Cases
o The court may extend the limitation period if the applicant can show sufficient
cause for not filing within the prescribed period (applies to appeals and
applications, not suits).
3. Section 6-8: Legal Disability
o If a person entitled to sue is under a legal disability (minority, insanity, etc.),
the limitation period begins when the disability ceases.
4. Section 9: Continuous Running of Time
o Once the limitation period begins, it continues to run and is not interrupted by
any subsequent disability or inability.
5. Section 10: Suits Against Trustees and their Representatives
o No limitation period applies to suits against express trustees and their
representatives.
6. Section 12-24: Computation of Limitation Period
o These sections provide detailed rules on how to compute the limitation period,
including exclusions of certain periods such as the day the cause of action
arises, time taken to obtain copies of judgments, decrees, orders, and more.
7. First Schedule: Period of Limitation
o This schedule specifies the limitation periods for various types of suits,
appeals, and applications, such as:
▪ Recovery of immovable property: 12 years
▪ Recovery of money under a contract: 3 years
▪ Tort claims: 3 years
▪ Suit for accounts: 3 years

Key Concepts:

1. Cause of Action:
o The limitation period begins when the cause of action arises, meaning when
the right to sue accrues.
2. Acknowledgment:
o A fresh limitation period begins if there is an acknowledgment of liability in
writing before the expiration of the original limitation period.
3. Fraud and Mistake:
o The limitation period for a suit based on fraud or mistake begins when the
fraud or mistake is discovered.

Significance:

• The Limitation Act promotes diligence and prevents the misuse of legal processes by
requiring timely resolution of disputes.
• It balances the interests of plaintiffs and defendants, ensuring that claims are made
while evidence is still fresh and available.

The Act thus serves as a critical mechanism for ensuring the efficiency and fairness of the
judicial process.

4o

You might also like