Law Commission Report The Limitation Act, 1963 LAW COMMISSION 'OF INDIA I EIGHTYNINTH REPORT ON V TIIE LIMITATION ACT, 1963 GOVERNMENT OF INDIA Ministry of Law, Justice and Company Affairs CHAPTER 1 CHAPTER 2 CHAPTER 3 CHAPTER 4 CHAPTER 3 CHAPTER 6 CHAPTER 7 I CHAPTER 8 CHAPTER 9 CHAPTER 10 CHAPTER 1 1 CHAPTER 12 CHAPTER 13 CHAPTER 14 CHAPTER 15 LAW COMMISSION OF INDIA EIGHTYNINTH REPORT ON THE LIMITATION ACT, 1963 CONTENTS INTROD UCTO RY. SECTIONS I AND 2: PRELIMINARY. SECTION 3: THE BAR OF LIMITATION. SECTION 4: EXPIRY OF CLOSED. SECTION 5: EXTENSION OF THE PRESCRIBED PERIOD FOR SUFFI CIENT CAUSE. SECTION 6: LEGAL DISABILITY. SECTION 7: DISABILITY OF ONE OF SEVERAL PERSONS. PRESCRIBED PERIOD WHEN COURT IS SECTION 8: SPECIAL EXCEPTIONS TO THE PROVISIONS CONCERNING DISABILITY. SECTION 9: CONTINUOUS RUNNING OF TIME. SECTION 10: _ SUITS AGAINST TRUSTEES. SECTION 11: SUITS ON FOREIGN CAUSES OF ACTION. SECTION 12: EXCLUSION OF TIME IN LEGAL PROCEEDINGS. SECTION 13: EXCLUSION OF TIME WHERE LEAVE TO SUE OR APPEAL ' AS PAUPER IS APPLIED FOR. SECTION 14: TIME TAKEN IN INFRUCTUOUS LEGAL PROCEEDINGS SECTION 15 : EXCLUSION OF TIME IN CERTAIN OTHER CASES. CHAPTER 16 CHAPTER 17 CHAPTER 18 CHAPTER 19 CHAPTER 20 CHAPTER 21 CHAP [IR 22 CHAPTER 23 CHAPTER 24 CHAPTER 25 CHAPTER 26 ' CHAPTER 27 CHAPTER 28 CHAPTER 29 CHAPTER 30 CHAPTER 31 CHAPTER 32 CHAPTER 33 CHAPTER 34 CHAPTER 35 SECTION 16 2 EFFECT OF DEATH ON LII'xIITATTON. SECTION I7 : FRAUD AND MISTAKE. SECTION 1:: : ' ACKNOWLEDG};'M[ZN'l'. SECTION 19 : PART PAYMENT. SECTION 2') : ACKNOWLEDGEMENT OR PAYMENT BY ANOTHER PERSON. SECTION 21: ADDITION OR SUBSTITUTION OF PARTIES. SECTION 22 Z CONTINUING WRONGS. SECTION 23: ACTS NOT ACTIONABLE WIT I*I(_)U.T SPECIAL DAMAGE. SECTION 24 : COMPUTATION OF TIME. SECTION 25 ; A ACQUISITION OF EASEMENTS BY PRESCRIPTION. SECTION 2.6 2 EXCLUSION IN FAVOUR OF REVERSIONER OF SERVIENT TENEMENT. SECTION 27 : EXTINGUISHMENT OF RIGHT TO PROPERTY. SECTION 28 : AMENDMENT OF CERTAIN ACIS. SECTIONS 29 TO 32 : SAVING. TRANSITIONAL PROVISIONS AND REPEAL. LIMITATION AND THE AMENDMENT OF PLEADINGS. ARTICLES I TO 5 : SUITS RELATING TO ACCOUNTS. ARTICLES 6 TO 55 : SUITS RELATING TO CONTRACTS. ARTICLES 56 TO 58 : SUITS RELATING TO DECLARATIONS. ARTICLES 59 TO 60 : SUITS RELATING TO DECREES AND INSTRUMENTS. ARTICLES 61 TO 67 : SUITS RELATING TO IMMOVABLE PROPERTY. CHAPTER 36 CHAPTER 37 CH.XPTER 38 CHAPTER 39 CHAPTER 40 CHAPTER 41 CHAPTLR 42 CHAPTER 43 CHAPTER 44 ARTICLES 68 To 71 : SUITS RELATING TO MOVABLE PROPERTY. ARTICLES 72 TO 91 : SUITS RELATING TO TORT. ARTICLES 92 TO 96 : SUITS RELATING TO TRUSTS AND TRUST PROPERTY. ARTICLES 97 TO 112 : SUITS RELATING TO CMISCELLANEOUS MATTERS. ARTICLE I I3: SUITS FOR WHICH THERE IS NO SPECIFIED PERIOD. ARTICLES II4 TO II7 : APPEALS . ARTICLES 118 TO 136 : APPLICATIONS IN SPECIFIED CASES. OTHER APPLICATIONS. SUMMARY OF RECOMMENDATIONS. D.O. No. F.2(6)/82LC?' K_ K_ MATHEW Shastri Bhavan, \_' New Delhi110001. February 28, 1983. My dear Minister, I send herewith the Eightyninth Report of the _Law Com mission recommending certain amendments to the Limitation Act, 1963. 2. Revision of the Limitation Act has been taken up by the Law Commission suo mom in view of the importance of the subject as branch of adjective law. The present Act was enacted about 20 years ago. The Act is an enactment of general application and importance. It is, therefore, proper that such an important enact ment is reviewed from time to time. 3. During the last 20 years extensive developments have taken place both in law and in society. It is proper that those develop ments should be taken note of ma comprehensive manner. ' 4. The Commission wishes to express its appreciation to Shri P. M. Bakshi, Parttime Member of the Commission, for the ﬁnalisation of the Report. We also acknowledge the assistance rendered by Shri V. V. Vaze, exMemberSecretary in preparing the initial draft of the Report. With regards. Yours sincerely, Sd/ (K. K. MATHEW) Shri Jagannatli Kaushal, Minister of Law. Justice & Company Alfairs. Shastri Bhavan, New Delhi. A (V) LAW COMMISSION OF INDIA EIGHTYNINTH REPORT ON THE LIMITATION ACT, 1963 CHAPTER 1 INTRODUCTORY 1.1. Revision of the Limitation Act, 1963 has been taken up by the Law l:eViIsi0n_t0_f Commission of India suo mom, in view of the importance of the subject as ahgn branch of adjective law. The Act is an enactment of general application and importance; its provisions come up before the course daily for interpretation. An unjust or unsatisfactory rule of limitation that bars the institution of legal proceedings means that the remedy contemplated by the law for the enforce ment of a legal right becomes futile, orif the injustice or unsatisfactory charac ter of the rule consists in its allowing an unduly long time for the pursuit of a legal