Limitation Act, 1963 (Extracts)
An Act to consolidate and amend the law for the limitation of suits and other proceedings and for purposes connected therewith.

BE it enacted by the Parliament in the Fourteenth Yea, of the Republic of India as follows-

1. Short title ,extent and commencement- (1) This Act may be called the Limitation Act, 1963

(2) It extend, to the whole of India except the State of Jammu and Kashmir

(3) It shall come into force on such date as the Central Government may, by notification m the Official Gazette, appoint.

LIMITATION OF SUITS, APPEALS AND APPLICATIONS

3. Bar of limitation. -(1) Subject to the provisions contained in sections 4 to 24 (inclusive) every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as a defence

(2) For the purpose, of this Act-

(a) a suit is instituted,-

(i) in an ordinary case, when the plaint is presented to the proper office;

(ii) in the case 01 a pauper when his application for leave to sue as a pauper is made; and

(iii) in the case of a claim against a company which is being wound op by the court, when the claimant first send, in his claim to the official liquidation;

(b) any claim by way of a set off or a counter claim, shall be treated as a separate suit and shall be deemed to have been instituted-

(i) in the case of a set off, on the same date as the suit in which the set off is pleaded;

(ii) in the case of a counter claim, on the date on which the counter claim is made in court;

(c) an application by notice of motion in a High Court is made when the application is presented to the proper officer of that court.

4. Expiry of prescribed period when court is closed. -Where the prescribed period 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 when the court re-opens.

Explanation. -

A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day.

12. Exclusion of time in legal proceedings. -(1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.

(2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a 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 revised or reviewed shall be excluded.

(3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment on which the decree or order is founded shall also be excluded.

(4) In computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.Explanation. -

In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy thereof is made shall not be excluded.

13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for. -In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the court may, on payment- of the court fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the court fees had been paid in the first instance.

15. Exclusion of time in certain other cases.- (1) In computing the period of limitation for any suit of application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

(2) in computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the Government or any other authority is required in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may he, the time required for obtaining such consent or sanction shall be excluded.

Explanation -In excluding the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both he counted.

(3) In computing the period of limitation for any suit or application for execution of a decree by any receiver or interim receiver appointed in proceedings for the adjudication of a person as an insolvent or any liquidator or provisional liquidator appointed in proceedings for the winding up of a company, the period beginning with the date of institution of such proceedings and ending with the expiry of three months from the date of appointment of such receiver or liquidator as the case may be, shall he excluded.

(4) In computing the period of limitation for a suit for possession by a purchase, at a sale in execution of a decree, the time during which a proceeding for set aside the sale has been prosecuted shall he excluded.

(5) In computing the period of limitation for any suit the time during which the defendant has been absent from India and from the territories outside India under the administration of Central Government shall be excluded.