Keywords : Applicant, Bills of Exchange, Bond, Defendant, Omitted, Foreign Country, Good Faith, Plaintiff, Promissory Note, Suit, Trustee

Trustee TBE Z,IMITATION ACT, 1995 (1938 A. D.) ACT NO. IX OF 1995 CONTENTS Section Section PART 1 11. Suits on foreign contracts. Preliminary 1. Short title, extent and commencement. 2. Definitions. PART IT Limitation of Suits, Appeals and Applications 3. Dismissal of suits etc., instituted etc., after period of limitation. 4. Where Court is closed whem period expires. 5. Extension of period in certain cases. — PART In Computation of Period af Limitation 12. Exclusion of time in legal proceedings. 13. Exclusion of tima of defendant’s abrence f~om the State. 14. F,xcIubion of time of proceeding bona fide in Court without jurisdiction. 15. Exclusion of time during which proceedings are suspended. 16. Exclusion of time during which proceedings to set aside execution sale are pending. 6. Legal disability. 17. Effect of death before right to sue accrues. 7. Disability of one sf several plaintiffs or applicants. 18. Effect of fraud. 8. Special exceptions. 19. Effect of acknowledgement in writing. 9. Continuous running of time. 20. Effect of payment of interest 10. Suits against express trustees as such or of part payment and their repfesentativ~. eF principal. 208 I THE LIMITATION ACT. 1995 (1938 A. D.) 29. Savings. 23. Continuing breacher and wrongs. 39. Provision for suits for which the period prescribed is shor24. Suit for compensation for act ter than that prescribed by not actionable without spe- the Limitation Regulation, cia1 damage. 1977. Effect of receipt of produce 27. Omitted. of mortgaged land. 28. Extin uishment of right to 21, Agent of person under dia1 property. ability. Acktxowlcdgment or 25. Computation of time men- 31. Saving of limitation as rctioned in instruments. gards pending suits. payment by one of several joint contractors, etc. – 32. Repeal. PART IV Acquisition of Ownersm by I – Possession THE FIRST SCHEDULE PART V 26. Omitted. 22. Effect of substituting or adding new plaintiff or de- Saving and Repeals fendant. Amendments made (after 1956 edition) by Act No.- TIIE L,IM:TATION ACT, 1995 (1936 A. D.) 209 TBIE LIhflTATIQN ACT, 1995 (1938 A. D.) ACT NO. IX OF 1995 [Received assent of His Highness the Maharaja Bahadur on 27th June, 1938/14th Har, 11995 and published – in the Government Gazette dated 7th Assuj, 1995.1 \PI Art to CcsnstaSlGste and amend the Law for the Limitaticn a! Snits, and for other purposes. \V1iere,i.- it is sxpedient to consolidate and amend the law relaril;g to the limitation of s3it.c appeals and certain applications to Courts ; and ‘, liereas it is also expedient to provide ruie:, for acquiring by ; osse\$ion the ownership of property ; It is hereby enacicd as follows :- PART I Preliminary 1. Short title, extent and commenceme~-Pt.-(1) This Act may be called the Limitation Act No. IX of 1995. (2) It extends to the whole sf Jammu and Kashmir State including the ‘Ilaqas of Poonch and Cherlani. I?) Jt shall come into force one year after the date when after recciv’np. the assent of His Highness the Maharaja Bahadur it is nublished in the Government Gazette. 2. Definitiom1s.- -In this Act, unless there is anything rtpuqnant in thn subiect or context,- (1) “applicant” includes any person from or through whom an applicant derives his right to apply ; (2) “bills of exchange” includes a hundi, brat and a cheque ; (3) “bond” includes any instrument whereby a person obliges himself to pay rnoney to another, on condition that the obligation shal! be void if ; specified act is performed, or is not performed, as the case may be ; THY LIMITATLON ACT. 1995 (1939 A. D.) (4) “defendant” includes any person from or ,through whom a defcncla~t dcrivc.; hiq iiability to be sued ; (5) omitted ; (6) “foreign country” means any country ot (7) “good faith” nothing shall be deemed to be done in good faith which is not done with due care and attention : (8) “plaintiff” includes any person from or through whom a plaintiff derives his right to sue : I (9) “promissory note” means any instrument whereby the maker engages absolutely to pay a specifled sum of money to another at a time therein limited, or on demand, or at sight ; I (10) “suit” does not include an appeal or an application ; and (1 I) “trustee” does not include a benamindar, a mortgagee remaining in possession after the mortgagee has been satisfied, or a wrong-doer in possession without title. PART I1 I Limitation of Suits, Appeals and Applications 3. Dismissal of suits, etc., instituted, etc. after period of limitation.-Subject to the provisions contained in sections 4 to 25 (inclusive), every suit instituted, appeal preferred, and application made, after the period of limitation prescribed therefor by the first Schedule shall be dismissed, although limitation has not been set up as a defence. Explanation.-A suit is instituted, in ordinary cases, when the plaint is presented to the proper officer ; in the case of a pauper, when his application for leave to sue as a pauper is made ; and, in the case of a claim against a company which is being wound up by the Court, when the claimant first sends in his claim to the official liquidator. 4. Where Court b closed when period expires.-Where the period ef limitation prescribed 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 day that the Court re-opens I THE LIMITATION ACT, 1995 (1938 A. D.) 21 1 5. Extension of period in certain cases.-An appeai or an application for a review of a judgment or for leave to appeal or an application to set aside an order of dismissal of a suit for plaintiff’s default or an application to set aside a decree passed ex-paste in an original suit or appeal or an application to bring the heirs of a deceased party on the record or an application to set aside an order of abatement of a suit or appeal or any other application to which this section may be made applicable by or under an enactment for the time being in force miiy be admitted after the period of limitation prescribed therefor, when the appellant or applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period. Explanation.-The fact the appellant or applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period of limitation may be sufficient cause within the meaning of this section. 6. Legal disability.-41) Where a preson entitled to institute a suit or make an application for the execution of a decree is, at the time from which the period of limitation 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 prescribed therefor in the third column of the first Schedule. (2) Where such person is, at the time from which the period of limitation is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period, after both disabilities have ceased, as would otherwise have been allowed from the time so prescribed. (3) Where the disability continues up to the death of such person, his legal representative may institute the suit or make the application within the same period after the death as would otherwise have been allowed from the time so prescribed. (4) Where such representative is at the date of the death affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply. THI LiMITAT1OX ACT, 1995 (1938 A U.) (a) i blc right to suc X~I, the hiie c,i ‘, boat .~cclues to A durrilp h~s minrr~t\i. I Ee attain? majos~ty four years after such accruer. He mav ill trtuie his sil~t at an\’ trme within three war\ froin tbe date of his attc{ln!ri? nlaiorii\ (5′ A ~-i”~t to sue accl-ties to X during hk minority. After the accriirf,. h:if \l.llile X i? still a minor. he becomes insande. Time runs agaii~\t Y f on1 the date when hii; tn~anity and minority cease !c, 4 right to sue accrues to X during his minni-it?. X d:es before ; l~ainir~g majority, and i~ succeeded by Y, his minor son, Time rut?? :az;tin~t V from the date of his attaining n>~ioriti. 7. Disability of one of several plaiaztigs or applicants.-Where one c\v -e\cral pcrLs>ns jointly entitled to i r~fitute a knit or make an ;~;y>:;cs::i,n for exccuiton of a decree is un6!cr a?.?* such disability, and a tlischn~ge can be gjvcn without the concarrc~cc of such person. time l~iil rti11 againcit them all : but, ~hcre no s~lch discharge can be given. tini~ n~~!l n~o! ru!~ 25 i~gainst any of them until one of them becomes c3pabic of gi\ ing s~ich discliarge without the concurrence of the others or until the disability has i.r.ibed I!lnstrationo (a) A incurs a dcht to a i ti11 ui zvb’i~~t-h B, C and l3 are partnerc U is l:is httaining ma,orit:, witlrin which he may bring his wit. (b) A right to hue lor an hereditarq oficc accrues to A \vl?o at the time is insane. Six years after the accrues A redokers hi\ reaso.1 A has ..l;t v:;lrs, untier the ordinary law, from the date when hlr insanity ceased within which to institute a sult. No exten~ion pF time will be given him under section 6 rend with this section. (c) A right to sue as landlorcl to Iccover possesr,i,,n t ro:n a tenant accrues to A, ~vho is a11 idiot. A (Pies three pears after the accruer. his idiocy continuing up to the datc of his death. A’a repeseniati~le-in-interest has, under ordinary law. nine years froin the datc of A’s dcath within which to bring a suit. Sectioi~ 6 rend with this section does not extend that time, except where the reg, eientati~ c is himself under disability when the representation devolves upon hirn. 9. Conti~~uous runnir~g of time. -Where once time ha. bcgi!n to run 1 Libss,.:,,cnt r!’sability or inability to we stops it: Provided that, where letters of administration to the estate of a creditor have been granted to his debtor, the running of the time prescribed for the suit to recover the debt shall be suspended while ths administration continues. 18. Suits against express trustees and their representatives.- Notwithstanding anything hereinbefore contained. no wit against a person in whom property har become vested in trtlst for any s~ecific purpose, or against his legal representatives or assings (not being assigns for valuab!e consideration), for the purl_+ose of following in his or their hands such property, or the proceeds thereof or Tor an account of such nroperty or proceeds, shdl be b~rretl by any lc~lgth of time. For the purposes of this seetion any property comprised in a Hindu, Mohammedan, Budhist religjou~ or charitable endowment shall be deemed to be property vested in trust for a specific purpoqe. and thc manager of any such property shall be deemed to bc the trustee thereof 11. Suits on foreign contracts.-Suits instituted in the State on contracts entered into in a foreign country are cubject to the rujei of li~iitation contained in this Act THE LIMITATION ACT, 1995 k1938 A. D.) (2) No foreign rule of limitation shall be a defence to a suit instituted in the State on a contract entered into in a foreign country, unless the rule has extinguished the contract and the parties were domiciled in such country during the period prescribed by such rule. PART 111 1 I Computation of Period of Limitation I 12. Exclusion of the in legal proceedingsc-41) In computing the period of limitation prescribed for any suit, appeal or application, the d?y from which such period is to be reckoned shall be excluded. (2) In computing the period of limitation prescribed for an appeal, an application for leave to appeal and an application for a review of judgment, the day on which the judgment complained of was pronounced, and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be reviewed, shall be excluded, In an appeal from an appellate decree or order so much of the time requisite for obtaining a copy of the judgment of the Court of first instance for the purpose of being field with the memorandum of appeal shall also be excluded as may be in excess of the time spent in obtaining a copy of the decree or order appealed against and that of the judgment on which the said decree is founded, but no part of the time common to the copies shall be counted twice over. Illustrations ! An application for copy of the decree appekled against and the judgment ‘on which the said decree is founded is made on the 10th of June. An application for copy of the first Court’s judgmenl, is made on the 25th June. The period requisite for the supply of copies under the first application runs up to the 5th July and under the second to the 10th July. The time common to the copies from the 25th of June to the 5th of July shall be counted only once. i (3) Where a decree is appealed from or sought to be reviewed, the time requisite for obtaining a copy of the judgment on which it is founded shall also be excluded. Where in filing a second appeal it is incumbent on the appellant to file a copy of the judgment of the fir~t Court, the time requisite for obtaining such copy shall be excluded. THE LIMITATION ACT, 1995 (1931 A. b.) 215 (4) In computing the period of limitation prescribed for an application to set aside an award, the time requisite for obtaining a copy of the av~ard shall be excluded. Exp1anatiou.- -The time requisite for ohining a copy will be the time between the date when the estimated cost of a copy is paid in by the applicant in accordance with the order passed in this respect and the date when the copy is ready and a notice is put up notifying the fact. The day of paying the cost of the copy and the day on which the copy is delivered will both be excluded. 13. Exclusion of time of defendants absence from the State.-In computing the period of limitation prescribed for any suit, the time during which the defendant has been absent from the State shall be excluded. 14. Exclusion of time of proceeding bona fide in Court withaut jurisdiction.-(1) In computing the period of limitation prescribed 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 in a Court of appeal, against the defendant, shall be excluded, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a Court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it. (2) In computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it. Explanation 1.-In excluding the time during which a former suit or application was pending, the day on which that suit or application was instituted or made, and the day on which the proceeding^ therein ended, shall both be counted. Explanation 11.-For the purposes of this acction, a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding. Explanation 111.-For the purposcs of this section rnisjoinder of parties or of causes of action shall be deemed to be a cause of like nature with defect of jurisdiction. Explanation 1V.-In suitable cases proceedings in the Revenue Department may come within the expression civil proceedings as used in the section. $5, ~-:IuL;~~x of th~c dxriaig which proceedings are suspended.- <:) in conh~j.~ti~-q theperlod itl lin~~iation prescribed for any suit cr application for rhe exec~ltion of a decree, the inst~tutio!~ orcxeculion of whicil I: -i . 5cen staj sc” by injunction or order, the ti,ile or he continuance c, lj7~ ‘:~juncti~:i 31 order, the day on which ii was iss2ed or made, and tne day on which it was withdrawn, sliall be excluded. (2) 1.1 computing the period of limitation prescribed for any ssit ?.~hiCh notice has been given in accordallce with the requirements nt any cn:tztrie st for the time being in force, the period of such notice :-:3illj be exc’tAded. 16. EscIusion of time during which proceedings to e-8 aside execintion sale are pending.-In computing the period of liui.,itation preof-;;bed for a suit for possession by a purchaser at a sale ;n execution c;f a decree, the time during which a proceeding to set aside the sale has bee11 prosecuted shall be excluded. i 17. Effect of death before right to sue ackrues.—(1) Where a pelsnn, who would, if he were living, have a right to institute a suit or makc a:i a;pli;ation, dies before the right accrues, the period of limitation ;hall be computed from the time when there is a legal rcgrcsentative of the deceased capable of instituting or making such sui~ ,;. a, ,:2icatic;:1. (2) Where a person against whom, if he were living, a right to institute a suit or make an application would have accrued dies before tb.e right accruss, the period of limitation shd be cor~puted from thc time :\hen thcre is a legal representathe of the deceased against whom the lai in tiff nay institute or make such suit or application. (3) Nothing in sub-sections (1) and (2) applies to suits to enforce rights of prior purchase or to suits for the possession of immovable prop-rty or of an hzreditary office. 18. Effect of fraud.-Where any person having n right to institute a suit or make an application has, by means of fraud, been kept from the knowledge of such right or of the title on which it is founded. or where any document necessary to establish such right has been fraudulently concealed from him, the time lit~~ited for instituting a suit or making an application- i (a) acain~t the person guilty of the fraud or accessory theicto, or (b) against eny perron claiming through him otherwise than in ~ood faith pnd for a valuable consideration, shall be computed from the tirie ~+-n the frwd first became known to the person injuriously THE LlMITATlON ACI, 1995 (1938 A. D.) 217 affected thereby or, in the case of rllc concealed document, when hc first had the means of producing it or compelling its production 19. Effect of acknowledgement in writing.–(1) Where before, the expiration of the period prescribed for a suit or application in respect of any property or right, an ackno~vlcdgment 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 some person through whom he derives title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed. (2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed ; but, subject to the provisions of the Evidence Act (XIII of 1977), oral evidence of its contents shall not be received. Explanation 1.-For the purpows of this section an acknowledgment lndy be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, perlorrnance or enjoyment has not yet come. or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coup!ed with a claim to a set-off. or is addressed to a person cither than the person entit!ed to the property or right. Explanation 11.-For the purposes of this section, “signed” means signed either persolially or by an agent duly authorised in this behalf. Exp~anation 1×1.-For the purposes of this section an application for the execution of a decree or order is an application in respect of a right. 20. Effect of payment of interest as such or of part payment of principal.-(I) Where interest on a debt or legacy is, before the expiration of the prescribed period, paid as such by the person liable to pay the debt or legacy. or by his agent duly authorised in this behalf, or where part of the principal of a debt is, before the expiration of the prescribed period, paid by the debtor or by his agent duly authorised in this behalf, afresh period of limitation shall be computed from the time when the pwjmznt was made : Provided that, an acknowledgement of the payment appears in the handwriting of, or in a writing signed by the person making the payment. (2) Effect of receipt of produce of mortgaged land.–Where morrqageil land is in the possessiori of mortgagee, the receipt of the rent 218 T%B tfMl~~’r10N ACT, 1 or produce of such land shall be deemed to be a payment for the purpost: of bubsection (1). J3xplanatiora.-Debt includen money payable under a decrm er order of Court 21. Agent of person under disability.-(1) The expression “agent duly authorised in tlGs behalf”, in sections 19 and 20, shall, in the case of a person under disability, include his lawful guardian, committee or manager, or an agent duly authorised by such guardian, committee or manager to sign the acknowledgement or make the payment. I I (2) Acknowledgement or payment by one of several joint contraetors ete.-Nothing in the said sections renders one of several joint contractors, partners, executors or mortgagees chargeable by reason only of a written acknowledgment signed or of payment made by, or 1 by the agent of, any other or others of them. (3) For the purpose& of the said sections- I (a) an acknowledgement signed, or paydent made, in respect of any liability, by, or by the duly authorised agent of, any widow or other limited owner of property who is governed by the Wndu law, shall be a valid acknowledgement or payment, as the case may be, as against reversioner succeeding to such liability ; and (b) where a liability has been incurred by, or on behalf of, a Hindu undivided family aa such, an acknowledgement or payrrlent made by, or by the iluly authorised agent of, the manager of tho family for the time being shall be deemed to have been made on behalf I of the whole family 22. BTeet of subtituting sr adding new plaint!!! or defeI;lidant.– (1) Where, after the iiistitution of a suit, a new plaintiff or defendant k substituted or added, the suit shall, as regards him, be deemed te have been instituted when he was so made a party. (2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to an assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff. 1 23. Continuing breaches and wrongs.–In the case of a continuing breach of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time during which the breach or the rvrong, as the case may be, continues. THE LIMITATION ACT, 1995 (1938 A. D.) 219 24. Suit for compensation for act 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 therefrom, the period of limitation shall be computed from the time when the injury results. Illustration A owns the surface of a field. B owns the sub-soil. B digs coal thereout without causing any immediate apparent injury to the surface ; but at last the surface subsides. The period of limitation in the case of a suit by A against B runs from the time of the subsidence. 25. Computation of the mentioned in instruments.-All instruments shall for the purpose of this Act be deemed to be made with reference to the 1 [Gregorian] calendar. Illustration (a) A Hindu makes a promissory note bearing a native date only, and payable four months after date. The period of limitation applicable to a suit on the note runs from the expiration of four months after date computed according to the 1 [Gregorian] calendar. (a) A Hindu makes a bond, bearing a native date only, for the repayment of money within one year. The period of limitation applicable to a suit on the bond runs from the expiration of one year after date computed according to the 1 [Gregorian] calendar. PART IV Acquisition of Ownership by Possession 26. Omitted. 27. Omitted. 28. Extinglrishment of right to property.-At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished. • . 1. Substituted by Act XXIV of 2011 for “Bikarmi” w.e.f. 1st April, 1655. LLLO THE LlMlTATlON ACT, 1995 (1938 A. D.) Savings and Repealo 29. Savings.–(I) ‘. c.thlng ,,I rhi; Act :’la11 &crt seci!on 25 of the <‘~>tlii..;i ‘k~t (IX :>! 1$17> I (2) Where anv specia: or local law prescribes for any sujt, appeal OL appli~.ation a prilc d of lim~tation different from the period prescri’ncJ tlierefor by lire fit-st Schedule, the provisions of section 3 &hall apply, as if such period were pres[:ribcd ther :for in that Schedule. and for the purpose of det:.iriin~ng any period of llrnitation prescribed for any suit, hppeal or app!i~diion by any special or local law ! (a) the provisio~ss contained in section 4, sections 9 ro 18 and section 22 shall apply only in so far as, and to the extent io which, they are not cxp~esxlv e.,cluded by such special or local 1rt~ : and (b) the rernainillg provisiolr.r cif this Act shaii riot ap;; .v 30. .Provision Esn suits for which the peri~d prescribed is shorter than that p~escribed bq the 1,imitaticsel Regulation sf 1977.- Votwithstanding anything h:, -in contained, any suit for t+l?ich the period of limitation urescribed by this Act is shorter l.”ar. the period (:.r limitation prescribed by the Limitation Regulation, 1977, may be instituted within the perio:’ of 14 years this comes into force or within the period prescribed for such quit by the Limitation Regulatio:~ of 1977, whichever period expires first. 31, S~ving at’ limitatioal a\ regards pending .wits.-No iult, appeal or other proceeding pending in any Court at the date of the commencement of this Act \hall be ~licrnisscd on the ground that it is barred by limitation, provided it was not so barred at the date ef itn institution under the Limitation Regu!ation of 1977 I I 32. Repeal.-The Limitatioll Regulaticn XXlV of 1977 is hereby repe~led LIMITATION I-CT, 1995 (1938 A. D). 22 1 THE FIRST SCHEDULE See Section 3 FIRST DIVISlON SUIS6 I I Descript~on of suit I Period of / Tima from which 1 limitation. period begins to run 1 1 -.dm—–.–.—— – __-l_- -_ — — PART I.-Thirty ~Jays I. To contest an I Thirty days I When notice of the award uader the . i award is delivered to Waste Land Rules. 1 I the plaintiff. I 1 . – —.l—– ———- — – – PART 21 -Ninetv days. 2 For compensation) Ninetyd~ys When the act or for doing or for I ] omission takes plsee. omitting to do an 1 act alleged to be ] I 1 in pursuance of 1 ! any enactment in 1 force for the time 1 I being in the State. 1 I’ – –_-_ –_—–__– – — ——– PART ZZI..-Six months 3. Under the Specific Six months. 1 When the dispossession Relief Act, section 1 occurs. 9, to recover I i possession of immovabla [I propaw. I 1 4. Omitted. –.–I — — — – —- —L—la—— 222 I LIMITATION ACT, 1995 (1938 A. D.) – _— — – .–I”_-_C_Period of 1 Time from which period Description of suit. ( limitation. I begins to run. PART IV-one 5. Omitted. 6. Uporl any raw or bye-law, for penalty or forfeiture. 7, For the wages of a household servant, art~san or labourer. One year. One year. 8. For the price of One year, food or drink sold I by the keeper of a hotel, tavern or lodging house. 9. For the price of lodging. 10. To enforcela right of prior purchase whether based on law, usage or an special 11. By a person, against whom the following order has been made to establish the right which he claims to the pro perty comprised in the erder :- Order under the a Code of Civil Procedure, on a 1 Claim. One year. One year. One year. year When the penalty or forfeiture is incurred. When the wages accrue due. When the food or drink is delivered. When the price becomes payable. When the pun haser takes , under the sale sought to be impeached, physical possession of the whole of the property sold, or, wherca the subject of the sale does not admit of physical possession, wht n the registrat~on of the instrument of sale is completed. From the date of the order. LIMITATION ACT, 1995 (1938 AD ) 223 —- ———- – —— bescription of suit. Period of limitatiori _ _ — —-_ – preferred to, or an objection made to the attachment of property attached in execution of a decree 11 -A. By a person against whom an order has been mads under the Cuds of Civil Procedure, upon an application by the holder of a decree for the possession of Immovable property or by the purchaser of such Property seld in execution of a decree, complairiing af resistance or obstruction to the dalivery or possession thereof or upon an application by any person dispossessed of such property in the delivery of possession the reof to the decree-holder or purchaser, ro establish the right whic5 he claims to the present possession of the property comprised in the order. (a) Sale in execution of a decree of a Civil Court, 12. To set aside any of the following sales :- (B) saie in pursltance of a decree or srder of a Collector er other officer of Revonue I One, year. I – _ _ _ — _ — – — Time from which period begins to run. I___ __-_– A The date of the order. When the saie is confirmed, or would otherwise have become final and conclusive had no such suit been brought. I 224 LIMITATION ACT, 1995 (1938 4 [).I Description of suit. Time from which I limitation. period begins to run. ———- i –I– I – c) sale for arrears of I Government revenue, or for any demand recoverable as such arrears. 13. To alter OF setaside a decision or order of a Civil Court in any proceeding other than a suit. 14. To setaside any act or order of an officer of Government in his official capacity, not hi-rein otherwise expressly provided for. 15 Against Governmen to set aside any attachment, lease or transfer of immovable property by the revenue auth:.rities for arrears of Government revenue. 16. Against Government to recover money paid under proptest in satisfaction of a claim made by the revenue authorities on account of demands recoverable as such arrears. One year. One year. One year. One year. he date of the final decision or order in the case by a Court competent to determine it finally The date of the act or order. when the attachment, lease or transfer is made. When the nayment is made. 1%. Like suit for com- One year. The date of the refusal – pensation when the to complete. 17. Against Government for compensation for land accquired fsr public purposes. Tho date of determining the amount of corn – pensa1,ion. LIMITATION ACT, 1995 (1938 A. D.) 225 acquisition is not I eempleted. I 19. For compensation for false imprisonment. 20. By executors, administrators or representatives under the Legal, representatives Suits Act. 21. By executors,admi nistrators or representatives under th? Fatal Accidents Act. 22. For compensation for any other injury to the person. 23. For compensation for a malicious Prosecution. 24, For compensation For libel. 25. For compensation for slander. 26. For compensation for loss of service occasioned by the seduction of th? plaintitf’s servant or daughter. Period of Time from which limitation 1 period begins to run. One year. One year. 0 ne year. One year. When the imprisonment ends. The date of the death of the person wronged. The date of the death of the person killed. Whsn the injury is committed. One year. One year. One year. One year. When the plaintiff is acquitred, or the pr3secutron is otherwise termmated When the libel is published. When the words are spoken, or,if the words are nor actionable in themselves. when the special damage complained of results, When the loss occurs. 1226 LIMITATION A@T,1995 (1 938 A.D ) — —– ——- ——— — — – period of Time from which oerioh Description of suit. limitation’ begins to run. _ –.- —– — ————- I I ——- 27. For compensation The date of the for inducing a per- breach. son to break a The date of the 28. For compensation distress. for an illegal, irregular or excessive distress. I 29. For compensation The date of seizure. for wro~igful seizure of movable property under legal process. When the perversion first becomes Icnown use Property for to the person injured speclf ic purposes, thereby. perverts it to other purposes. I 33 Under the Legal When the wrong Representatives, complained of is done. Suits Act, against an executor. 34. Under the sama J Ditto. Act against an administrator. I 35. Under the same Ditto. Act against any other representa36. For compensation Wh n the malfeasfor any malfeasaJ ance, misfeosan~o or nce, misfeasan- non-feasance takes ce or non1. Articles “30” and “31 ” deleted by Act XI of 1979 s.2 LIMITATION ACT, 1995 (1938 A. D.) 227 Description of auit. Period of limitation. PART VI.-Three years. I — – — – – . — feasance independent of contract and not herein specially provided for. For compensation for obstructing a way or a watercourse. For compensation for diverting a watercourse. – —- – -e For compensation for tresspass upon immovable property. For compensation for infringing copy. right or any other exclusive privilege. To restrain waste. For compensation for injurv caused by an injunction wrongfully obtained. To compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets. By a ward who has attained majority, to set aside a transfer of property by his guardian. Three years. Three years. Three years. Three yeals. Three years. Three years. Three years. Three years. Time from which period begins to run. ——. — –,- Place. I The date of the obstruction. The date of the diversim. The date of the tresspass. The date of the infringement. When the waste begins. When the injunction ceases. The date of the payment or distribution. When the ward attains majority. 45. 0 mitted, J 228 LIMITATION ACT, 1995 (1938 A. D) IDescription of suit. I Period of limitation – – —_ _–A – 46. Omitted. 1 47. By any person bound by an order respecting the nossession of immovable property made under th3 Code of Criminal Procedure, or by any one claiming under such person, to recover the property comprised in such order. Three years. 48-A. To recover movable property conveyed or bequeathed in trust, deposited . or pawned’ and afterwards bought from the trustee, depository or pawnee for a valuable consideration. 48. For specific movable property lost or acquired by theft or dishonest misappropriation or conversion,or for compensation for wrongfully taking or detaining the same. 48-B. To setaside sale of movable property comprised in a Hindu, Mohammedan or Buddhist religious or Charitable endowment, made by a manager there of for a valuable consideration. Three years. Three years Three years. Time from which period begins to run. __C I. ——– 1 Tie date order in of the the final case. When the person having the right to the possession of the property first learns in whose possession it is. When the sale becomes known to the plaintiff. I I When the sale becomes known to the lai in tiff. LIVITATION ACT, 1995 (1938 A. D.) 22q 50. For the hire of animals, vehicles, boats, or household furniture. 51. For the balance of money advanced in payment of goods to be delivered. 52. For the price of goods sold and del~vered where no fixed Period of credit is agreed upon. 53. For the price of goods sold and delivered to be paid for after the expiry of fixed period of credit. 54. For the price of goods sold and del~vered to be paid for by a bil! of exchange, no such bill being given. 55. For the price of trees or growing crops sold by th plaintiff to the defendant where no fixed period of credit is agreed upon, 56. For the price of work done by the plaintiff for the defendant at his request, where no time has been tixed for payment. ——–A — ——- —— Description of suit Period of Time from which period limitation. begins to run Three years. Three years. 49, For othsr specific movable property. or for compensati In for wrongfully detaining the same. Three years. Three years. When the property is wrongfully taken or injured, or when the detainer’s possession becomes unlawful. Three years. Three years. Three yarrs. Three years. Wh~n the hire becomes payable. When the goods ought to be delivered. The date of the delivery of the goods. When the period of credit expires. When the period of the proposed bill elipses, The date of the sale. When the work Is done. 230 LIMITATION ACT, 1995 (1938 A. 8.) C — ——_/ Description of suit. I 57. On a policy of insurance, when the sum assured is payable immed~ately after proof of the death or loss has been ~iven to or received by the insurers. 68. By the assured to recover Prcmia paid under a policy voidable at the election of the insurers. 69. Against a factor for an eccount. 60. By a principal against his agent for movable property received by the latter and not accounted for. 61. Other suits by principals against agents for neglect or misconduct. 92. To cancel or set aside an instrument not otherwise provided for. 63. To declare the forgery of an instrument – I- — —- —–A- -*– Period of I Time from which period limitation. begins to run. Three years. 1 Three years. Three years. Three years. Three years. Three years. When prbof of the death or loss is given to or received by the insurer, whether by or from the plaintiff, or any other person. When the insurers elect to avoid the policy. When the account is, during the continuance of the agency, demanded and refused or, where no such demand is made, when the agency terminates. When the kccount is, during the continance ot the agency, demanded and refused or, where no such demand is made, when the agency terminates. When the neglect or misconduct becomes known to the plaintiff. When the facts entitling the plaentiff to have the instrument cancelled or set aside become known te him. Three years. / When the issue or /registration becomes, LIMITATION ACT: 1995 (1938 A.DJ 231 – -,- — — – — — – 1- —- Description of suit. Time from which period begins to run. — ——–C issued of registered. Known to the plaintiff. The date of the attempt. enforced against the plaintiff. When the plaintiff is restored to sanity, and has Knowledge of the conveyance. When the fraud beobtained by fraud, or comes Known to the for other rel~ef on the party wronged, ground of fraud. When the mistake becomes known to the plaintiff. The date of the upon an exlsting co- failure. nsideration which afterwards fails. The date of the trustee’s death, or, if of a deceased trustee the loss has not the loss occasioned then resulted, the by a breach of trust. date of the loss. The date of the payment in excess of the plainttff’s own share. more than his share of the amount due under a joint decree, or by a sharer in a joint estate who hbs paid the whole or more than his share ot the amount of revenue or rent due from himself and his cosharers, 232 LIMITATION ACT, 1995 A. D. (1938) , Description of suit. 71. By a co-trustee to enforce against the estate of deceased trustee a claim for contribution. 72. For a b3atman1s wages. 73. For wages not otherwise expressly provided for by this Schedule. 74. By a Mohammedan for exigible dower. (mu ajjal). 75. By a Mohammedan for deferred dower (mu,ajjal). 76. BY a mortgagor after the mortgage has been satisfled, to recover surplus collections received by the mortgagee. Period of limitation. f hree years. Three years. Three years. Three years. Three years. Three years. Time from which period beg~ns to run. 77. For an account and a share ot the proflts of a dissolved When the right to contribution accrues. Three years. The end of the trip during which the wages are earned. partnership. 78. By the mmager of I Three years. a joint estate of an undivided family for contribution in resdhen the wages accrue due. When the dower is demanded and refused or when marriage is dissolved by death or divorce. When the marriage is dissolved by death or divorce. In the case of divorce proneunced in wifes absence, when she becomes aware of the fact. When the mortgagor reenters on the mortgaged property. The date of the dissolution. I The date of the payment. LIMITATION ACT, 1495 (1938 A. D.) 233 – -+ —–I– Description of suit. I -_– — -_- – – pect of a payment made by him on account of the estate, 79. By a lessor for the vatue of trees cut down by his lessee contrary to the terms of the lease. 80. For the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant. 81, For arrears of rent, whether accrued by a registered deed or not. 82. By a vendor of immovable property for personal payment of unpaid purchase money. 83. For a caIl by a company regstered under law. 84. For specific performance of a contract 85. For the rescission of a contract. Period of Iimitarion. Time from which period begins to run. Three years. 1 Nhen the trees are cut I down. Three years. Three years. When the profits are received. When tne arrears become due. Three years, When the call is I payable. Three years. Three years. The time fixed for completing tht? sale, or ( where the title is accepted after the time fixed for completion) the date of the accepThree years. The date fixed for the oerformance, or if no such date is fixed, when the plaintiff has, rotice that performance is refused, When the facts entitling the plaintiff to’ have the contract rescinded first become known to him. ,–I.—– —- —–I—– —–I) Description of suit. -+—-.I- – — — 86, For compensation for the breach of any contract., express or implied, not in writ~ng registrered and not herein specially pro. vided for. 186-A Against a carrier for compensation f o r losing or injuring goods. [86-B Against a carrier for compensation for nondelivery of, or delay in delivering goods. 87. For money payable for money lent. 88. Like suit when the ler der has given a c heque for thg money. 89. For money lent under an agreement that it shall be payable on demand. 90. For money deposited under an agreement that it shall be payable on demano, including money of a customer in the hands of his banker so payble 91. For money payable by the plaintiff for rnoney paid for defendant 92. For money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff’s use Six years When the money is I paid. 1- Articles “86-A “and “86 B”-Inserted by Act XI of 1979 s.2 Six years. When the money is received LIMITATION Act, 1995 (1 938 A. D.) 235 — – -.—- Description of suit. Time from which period begins to run. — –= – __—- —I– ———— 93. For money payable for interest upon money due from the defendant to the plaintiff. 94. For money payable to the plaintiff for money found to be by the defendant or his due from the defen- agent duly authorised in dant to the plaintiff 1 his behalf, unless when on accounts stated the debt is, by a simulbetween them. taneous agreement in writing signed as aforesaid, made payable at a future time, and then when that time arrives. 95. For compensation for breach of a promise to do anything gency happens, at a specified time, or upon the happening of a specified contingency. 96, On a single bond, where a day is specified for payment. 97. On a single bond, where no such day is specified. 98. On a bond subject to a condition. 99. en a bill of exchange or promissory note payable at a fixed time after date. change payable at 100. On a bill of 236 LIMITATION ACT, 1995 (1938 A. D.) Description of suit. I Period of limitation Sight, or after sight but not at a fixed time. 101. On a bill of exchange accepted payable at a particular place. 102. On a bill of exchange or promissory note payable at a fixed time after sight or after demand. 103. On a bill of exchange or promissory note payable on damand and not accompanied by any writing restraining or postponing the right to sue 104. on a promissory note or bond payable by instalments. 105. 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. Six years. Six years. Six years. Six years. Six years. Time from which period ! begins to run. – – ———- Lhen the fixed time expires. The date of the bi!l or note. I The expirstion of the first term of payment as to the part then payable; and for the other parts the expiration of the respective terms of payment. I At the option of the plaintiff, on the default of any instalments or when thet~h0le amount falls due. 106. On a promissory Six years. note given by the I The date of the deli- LlMlTATiON ACT, 1995 (1938 A. D.) 23 7 Description of sult. Period of limitation. maker to a third person to be delivered to the payt e after a certain I event should happen. 107. On a dishonoured fore~gn bill where protest has been made and notice given. 108. By I he payee against the drawer of a bill of exchange which has been dishonoured by non-acceptance. 109. By thd a~ceptor of an accommodation bill against the drawer. 11 0. Suit on a b~ll of exchange. promssory note or bond not herein expressly provided for. 11 1. By a sur.:ty against the principal debtor. Six years. Six years. Six years. Six years. Six years. 11 2. By a surety agai- Six years. nst a co- surety. I 113. Upon any other Six years, contract to inde- I mnify I Time from which period begins to run 114. By an attorney or vakil for his costs of a suit or a parI very to the payee. I I Sir years when the notice is given. The date of the refusal to accept. ticular business. when the acceptor pays the amount. Wqen the bill, note or bond becomes payable. When the surety pays the creditor. I When the Surety Days anything in excess of h~s own share. I When the plaintiff is actually damn~fied. I The date of the termination of the suit or business, or (where the attorney Description of suit. —– —– _-_- there being no express agreemen i as to the time when such costs are to be paid, 115, For the balance due on a mutual, open and currc nt account, where there have been reciprocal demands between the parties ‘ 116. Upon a foreign judgment as defined in the Code of Civil Procedure. 117, To obtain a declara tion that an alleged adoption is in valid or nevor in fact took place 11 8. To obtain a deClaratlon that an adoption is valid, 11 9. Suit for which no period of limitation is provided elsewhere in this Schedule. 120, For comDensation for the breach of a contract in writing registered. 121. To avoid encumbrances or undertenures in an entire period of limitation. —I– – Six years. Six years. Six years. Six years. Six years. VIlI. -Twelve Twelve years. Twelve years. Time from which period begins to run. -I_– I -___ – or vakil properly discontinues the suit or busrness) the date of such discontinuance. The close of the year in which the last item admitted or proved is entered in the account; such year to be computed as in the account. The date of judgment. When the alleged adoption becomes known to the plaintiff. 1 when the rights of the adopted son as such are interfered with. When the right to sue accrues. years When the period of limitation would begin / to run agalnst a suit , brought on a similar contract not regi stered. when the sale be, comes final and conclusive. i LIMITATION ACT, 1995 (1938 A. D.) 239 Description of suit. estate sold for arrears of Government revenue, or in other saleable tenure sold for arrears of rent. 122. Upon a judgment obtained in the State or a recognizance, 123 For a legacy or for a hare of a residue bequeathed by a testator, or for a distributive share of the property of an in. testate Period of limi tation Time from which period begins to run. ,Twelve years. I I Twelve years 125. Suit during the l ife of a Hindu or Mohammedan female by a Hindu or Mohammedan who, if the female died at the date of insti – tuting the suit would be entitled to the possession of land to have an alienation of such land Twelve years. The date of the judgment or recognizanWhen the legacy or share becomes pay able or deliverable When the defendant takes possession af the ottice adversely to the plaintrff €XBLANATION.- An hereditary office is possessed when the prof its thereof are usually received or (~f there are no profits) when the duties thereof are usually performed. The date of the alienation. 240 LIMITATION ACT, 1995 (1938 A. 5.) Dsscription of suit. —— …—— made by the female de~lared to be void except for her life or until her remarriage, 126. By a Hindu governed by the law of the Mitakeshare to set aside his father’s alienation of ancestral prop~rty, 127, By a person excluded from joint family property to enforce a right to share therein. period of l~mitation —I . Twelve years. Twelve years 128. By a Hindu for arrears of maintenance. 129. By a Hindu for a declaration of his right to maintenance: 130. For the resumption or assessment of rent free land. 131. To establish periodically recurring right. 132. To enforce payment of money charged u p o n immovable property including a su~t for enforcement of a simple mortgage, EXPLANATIO N–For the purposes of this articleTwelve years. Twelve years. Twelve years. Twelve years. Time from which period begins to run. Then the alienee t kes pohsession of the pruperty. I When the exclusion becomes known to the pla~ntiff. when the anears are payable. ,When the right is denied. hen the right to res me or assess the la F d first accrues. Wheq the plaintiff is – first refused the enjoyment of the right, hen the moncy sued becomes due. tract or when the ipulated perlod exres, the limitation LIMITATION ACT, 1995 (1938 A D,) 241 — – —- .————- —- —-ylTime from which period Description of suit. begins to run. – _—-3 – (a) the allowan~e and will begin to run at the fees respectively option of the plaintiff called malkana and from either of the dates. haqs and (b) the value of any agriculfural or other produce the right to receive which is secured by a charge upon immovable property. shall be deemed te be money .’charged upcln immovable pro, PerTy, 133. Omitted. 134. To recover When the transfer oepossession of im- comes known to the movable property plaintiff. conveyed or bequeathed in trust or mortgaged and afterwards transferred by the trustee or m0t1- gagee for a valuable consideration. 134, A To set aside a Wh3n the transfer lactransfer of im- comes known to the movable property plaintiff. comprised in a Hindu, Mohammedan or Buddhist religious or charitable endowment made by a manager thereot for a valuable consideration 134-B By a manager The death, resignaof Hindu, Maha- tion or removal of the mmedan or Budd- transferor, hist religious or charitable endow – ment to recover possession 242 LIMITATION ACT,1995 (19 I 8 A 0.) of immovable property comprised in the endowment which has been transferred by a previl)us manager for a valuable consideratio n 134. C By the manager of a Hindu, Mohammedan or Buddhist religious or charita~le endowment tc rec 2ver possession of movable property comprised in the endowr~ient which has been sold b.4 a previous manager for a valuable consideration. 135. Suit instituted by a mortgagee for possession of immovable prop-rty rnortgagc?d. 136. By a purchaser at a private sale for possessio of immovable proDerty sold when the vendor wi out of possession at the date of the sale, 137. Like suit by a purchaser at the sale in execution of a decree, when the judgment debtor was out of possession at the date of the sale. Time from which period begins to run, -4- —–.— The death, resignation or removal of the seller. When the mortgagor’s right to possession determines. When the vendor is first entitled to possession. Twelve years When the judgment I debtor is first enti – I led to possession. 138. Like suit by a purchaser1 at a sable in LIMITATION ACT, 1995 (1938 A. D.) 243 –. — —1 -” —- – ———I—- Time from Which period ~escriptien of suit. begins to run _I—- – —–execution of a decree, when the judgment debtor was in possession at the date sf the sale. 139. BY a landlord to When the tenancy is recover posses- determined. slon from a tenan. 14O. By a remainder– When his es+ate falls man, a reversion er (other than a into possession. landlord) or a devisee, for possession of immovable property. 141 Like suit by a Hin- when the female dies. du or Moham edan entitled to the possession of immovable property on the death of a Hindu or Mohamedan female. 142. For possession of The date of the dispos- immovable pro- sesslon or discontinperty when the uance. plaintiff, while in possession of the property, has been dispc~ssessed or has discontinued the, possession. 143. Like suit, when When the forfeiture the plaintiff has is incurrsd or the conbecome entitled dition is broken. by reason of any forfeitura or breach of condition. :44. For possession When the possession of immovable property or any ot the defendant becomes adverse to the interest therein not hereby oth- plaintiff. erwise specially provided for. 244 I LIMITATIO’V ACT, 1995 (1 938 A. 0. – — —I—— ———- ,- -I– -_ Description of suit. Time from which period begins to run. 145. Against a The date of the deposit or pawn. 146. Omitted. the possession. When the money accrued for foreclosure. When the right to redeem or recover possession perty mortgaged. When the period of limitation would begin to run Government of under this Act aga nst a India, the Govern- like suit by a private ment of any other State in India or LiMlTATlON ACT, 1995 (1938 A. D.) 245 I -_ -_ -_—_- — —- —- ——— _/ – SECOND DIVISION APPEALS. -.. -__ – — ____ .._—-_–_– —- -__- — – Description of suit. I__-,–_I – the Government of any Union territory Descriptipn of appeal, I Period of Time from which period limitation. begins to run. —- –me—- — — I – —— — — – — 150. Under the Code of Criminal Procedure from a sentence of death or of lif.3 i mprisonment passed by a Court of Sessions. ! 1 50-A. 0 m itted. I 151. Omitted I I 51-A. llnder the Code of Civil Procedure, to a Subordinate judge. 151-B. Under the Code of Criminal Procedure, to any Court other than the High Court and the Sessions Court. 152. Under the Code of Civil Procedure, te the Court of Q istrict judge. 153. Omitted. I 154. Under the Code of Criminal Procedure to any Court other than the High Court. Period of limitation Fourteen days. Sixty days. Sixty days. Ninety days. Ninety days. Time from which Period begins to run. The date of the sentence. The date of theydecree or the order appealed from. the :eh:ten:te zf order 1 appealed from. The date of the decree or order appealed from. Ths date of the sentence or of order appealed from. 246 LIMITATION ACT, 1995 ( 1938 A. 0. ) Description of appeal -_ .I_-4 — – -d 155. Under the Code of Criminal Procedure to H gh Court except in he case provided f 3 r by Article 150 and Article 157. 156. Under the Code o Civil Procedure to the High Court 156-A. From a decre or order of th High Court c Judicature in th exerctsa of Ir original jurisdi ction. 157. Under the Codo o’ Criminal Procedure from an order of acquittal, 157-A. An appeal fron a sentence, decret order of any Cour or Revenue office I Time from which period begins to run. The date of the sentence or order appealed fram. th I date of the decree 1 or order appealed from. I The date of the decree or order appealed from. EXPLANATION : – When the High Court is sitting in one Province on the last day of the period of limitation for an appeal from a decision of a Court in another province or from a decision deli \rered bv the Yioh Court while sitting in another prov ince, the ~eriod of limitation for an appeal shall be double the period mentioned in th? 2nd column of this Schedule opposite Articles 156, 156. A. The date of the order a~pealed from. The date of the sentence, decree or order appealed from. 1. Substituted by Act XI1 of 1956 “for Six months” LIMITATION ACT, 1995 (1938 A 0.) Description of appeal Period of / Time from which period limitation. begins to run. –_I_– —-,-_ ——- _—- situate within the District of Ladakh or Gilgit to a Court situate beyond the j said Districts. —.-C-A——- – – —————— THIRD DIVISION-APPLICATIONS Description of application. l[?58. Under the Jammu and Kashmir Arbitration Act, to set aside an award or to get an award remitted for reconsideration. 159. F3r leave to appear and defend a suit under Order XXXVll of the Code of Civil Procedure. 160. For an order under the same Code, to restore to the file an application for review rejected in consequence of the failure of the apalicant to appear when the application was called on for hearing. Period of limitation. Thirty days. Thirty days. Thirty days. Time from which period begins to run. The date of service of the notice of filing of the award] When the summons is served. When the application for review is rejected. — – . Article 158 Substituted by Act, II of 2002 248 LIMITATlON ACT, 1995 (1938 A. D.) i i Description of applica- n’ Period of Time from which period ti ons r limitation. 1 begins to run. * -_— –_ — i — —–.- -.-)— I —-” 161. For a review of judgment by a Court of Small Causes or by a Court invested with the jurisdiction of a Court of Small Causes when exercising that jurisdiction. 162. For a review of judgment by the High Court of Judicature in the exercise of its original jurisdiction. 163. By a plaintiff, fo an order to set aside a dismissal for default of appearance or fur failure to pay costs of service of process or to furnish security for costs. 164. By a defendant, for an order to set aside a decree passed ex-parte 165. Undcr the Code of Civil Porcedura, by a person dispossessed of immovable property and disputing th right of the decree-holder or purchaser at a sale in execution of a decree to be put into possession. I Thirty days. i/ The date of the decree or order. I Thirty days, Thirty days. Thirty days. Thirty days. ! i The date of the “decree or order. The’ date of t he dismissal. I The date of decree or, where the summons was not duly served, when applicant has knowledge of the decree. The date of the dispossession. I I LiMITATIOtU ACT, 1995 (1938 A. D.) 249 Description of application. 166. Under the same Code to set aside a sale in execution of a decres including any such application by a Judgment-debtor. 167. Complaining of resistance or obstruction to dellvery of possesson of immovable property decreed or sold in execution of a decree. 168. For the .readmission of an appeal dismissed for want of prosecution, 169. The re-hearing of an appeal heard ex-parte. 170. For leave to appeal as a pauper. 171. Under the Code of Civil Procedure, for an order to set aside an abatement. 172. Under the same Code by the assignee or the receiver of an insolvent plaintiff or appellant for an order to set aside the dismissal of a suit or an appeal. period of ,Time from which period Thirty days. Thirty days. Thirty days. Thirty days. Sixty days. Sixty daps. Sixty days. The date of the sale. The date of the resistance or obstruction. The date of dismissal, The date of the decree io appea I, or, where notice of the appeal wes not duly served, when applicant has knowledge of the decree. The date of the decree appealed from. The date of the abatement. The date of the decree of dismissal. 250 . LIMITATIOfU ACT, 1155 (1938 A. D.) Description of application 1 173. For a review of Judgment except in the cases provided for by ,[Articles 161 and 1621 174. For the issue of a notice under the same Code, to show cause why any payment made out of Court of anymoney payable under a decree or any adjustment of the decree should not be recorded as certified. 118. For payment of the amount of a decree instalments. 176. Under the same Code to have the legal rep1 ~entative of a deceased plain tiff or of a deceased a p p B II ant made a party. 177. Under the same Code to have the legal representatiw of a deceased defendant or of a de ceased respondent made 8 party. 8[178. Under the Jammu and Kashmir Arbitration Act, for the filing in Court of an award. period of limitation. Ninety days. Mnety days. Six months. Six months. S ix months. Ninety days. Time from which period begins to run. The date of the deeree or order. When the payment or rdjustment is made. The date of the decree. I The date of the death of the deceased plaintiff or appellsnt. The date of the daath of the deareased defendant or respondent. 1 The date of service of the making of an award.) – – 1. Substrtuted by Act, XVI of 2000 for “Articles, 161, 162 and 173-A” 2. Article 178 Substituted by Act, II of 2002 LIMITATION Act, 1995 (1938 A. 0.) 251 ? Description of ‘ Time from ~hich period application. begins to run. _– -_—– — — –.- – – . I [I 79. By a person des- The date of the decree iring to appeal un- appealed from’ der the Code of C~L il Procedure, 1977, to the Supreme Court for leave to appeal. 180, By a purchaser of When the sale becomes irnmovsble prop- absolute. erty at a sale in execution of a decree for delivery of possession. 181. Applications for When the right to which no period applv accrues, of limitation is provided elsewhere in this Schedule or by section 48 of the Code of Civil Procedure. 181- A. An application As prescribed in 3rd of the nature men- column opposite the tioned ln Artic- Articles referred to. les 158,160, 168, 169, 170, 171, 172, 173, 176. and 177 in appeals arising out of suits decided by any Court situate within the District of Ladakh or Gilgit, when made to a Court of appeal situate outside those Districts. I 182. For the execution 1. The! date of the decree of a decree or or- or order, or, der of any Civil Court”not provld- 2. (where there has been ed for – ___— – 1. Article 179 inserted by Act XXV of 2011. LIMITATION ACT’ 1995 (1938 A. D.) —– – — —.– ——-I- — – _– . – — Description of om which period application begins to run. – —– – ppaal) the date of at decree or order of the Appellate Court, or the withdrawal of the appeal, o . (where there has been a review of judgment) the date of the decision passed on the review, or 4. (where the decree has been amended) the date of amendment, or 5. (where the application next hereinafter mentioned has been made) the date of the final order passed on application made in accordance with law to the proper Court for execution or to take some step in aid of the execution of the decree or order, or 6 (in respect of any amount, recovered by execution of the decree or order, which the decree- ho tder has been c’irected to refund by a decree passed in a suit for such refund) the date of such last mantic ned decree or, in the Case of an appeal therefrom, he date of the final decree of the Ap~ellate Court or of the withdrawal of the 7. (where the a~plication is to enforce any payment which the i — _ 1. lnsaetted by Act, XXV of 201 1 I LIMITATION ArT, 1995 (1918 A. D.) 253 —– – — — —-.—.I– – I_ —–. _ Description of Time from which period application. begins to run. – -_. — — – -_–_- or order directs to be made at a certain date) EXPLANAT ION IWhere the decree or order has been passed severally in favour of mcre persons than one, distinguish~ng portlons of the subject matter as payable or deliverable to each, the application men?ioned in clause 5 of this Article shall take effect in favour only of such of the sa~d persons or their representatives as it may be made by. But where the decree or order has been passed jointly in favour of more persons than one, such application, if made by any one or more of them, or by his or their representatives, shall take effect in favour of them all. Where the decree or order has been passed severally against more persons than one, disttnguishing portions of the subject matter as payable or del~verable by each, the applicatiorl shall take effect against only such of the said persons or their representatives as it may be made against. But, where the dccree or order has been passed jointly against more persons than one, the application, if m a d e against any one or 254 LIMITATION ACT, 1995 (1938 A. D.) — – ” — —- “—- —- – ——— Time from which period b$?gins to run. —- – _–___ 4 more d f them or against his or their representatives, shall take effect against them all. EXP L A It AT I0 N 11.-“Prope Court” means the Court whose duty it IS to execute the dscree or order. ‘[EXCEPTION. -In applications for execution of a decree a g a i n st an evacuee, whether pdsstrd singly against him or jointly w~th a psrson other than an evacuee, the pericrd . f r o m 6th Poh, 2005 to 21st Bhadun 2006 and the time during which the Jammu and Kashmlr Evacuee’s (Administration of Property) Act, Svt. 2@06 r e m a I n s in force shall be excluded from the period of twelve years prescribed in this section.”] When 9 present right to enforce the judgment decSuprema Court. ree or order accrues to some person capabita of releasing the right 1 Provided that, when the judgment, d e c r e e or order has been revived, or some p a r t of the princi3ai money secured thereby, or some interest on such money has been pa~d, or some acknow,- ledgement ‘ of the rrght thereto has been given In writing signed by the I 1. Exception added by Act xxvll sf 1961. 2. Articla 183 added Act xxv of 201 1 LIMITATION ACT, 1995 (1938 A. D ) 258 Description of application I Period of 1 Time from which period , limitation / begins to run. Person liable to pay such principal or interest or his agent, to the person entitled thereto or his agent, the twelve years shall be computed from the date of such revikor, payment or acknowledgement or the latest of such revivors, payments or acknowledgements,as the case may be.