The Limitation Act, 1963: Analysis of THE SCHEDULE (Periods of Limitation)

The Schedule is the heart of the Act, containing the precise deadlines for specific legal actions. It is divided into three main Divisions: Suits, Appeals, and Applications. We will focus here on the First Division: Suits.

FIRST DIVISION: SUITS (Articles 1-113)

PART I: SUITS RELATING TO ACCOUNTS (Articles 1-5)

The limitation period for all suits in this part is Three Years.

Article 1. Mutual, Open, and Current Accounts

Description: For recovering the balance due on a financial account where both parties have regularly exchanged money or demands (a “mutual, open, and current account”).
When Time Begins: The clock starts at the close of the year in which the last item admitted or proved is entered.
Practical Example: A supplier (A) and a buyer (B) regularly trade, with money flowing both ways. The last entry is dated June 1, 2024. If the accounting year ends on March 31, 2025, the three-year clock begins on April 1, 2025.

Article 2 & 3. Suits Against Agents

Description (Articles 2 & 3): Suits by a principal (client) against an agent (factor) for failure to account for money (Art. 2) or movable property (Art. 3) received during the agency.
When Time Begins:
1. When the principal demands the account/property and the agent refuses.
2. If no demand is made, the clock starts when the agency terminates.
Practical Example: A principal ends an agency agreement on July 1, 2025. The principal must sue to recover the agent’s outstanding accounts or property by July 1, 2028.

Article 4. Suits Against Agents for Misconduct

Description: Other suits by a principal against an agent for any neglect or misconduct.
When Time Begins: When the neglect or misconduct becomes known to the principal.
Practical Example: An agent fails to renew a key business license. The principal only discovers this failure when they are penalized by the government on October 15, 2026. The limitation period begins on October 15, 2026.

Article 5. Suits for Dissolved Partnership Profits

Description: Suits among partners for an account and a share of the profits after the firm has dissolved.
When Time Begins: The date of the dissolution of the partnership.
Practical Example: A three-person partnership is formally dissolved on February 1, 2025. Any partner must sue for a final accounting of the assets by February 1, 2028.

PART II: SUITS RELATING TO CONTRACTS (Articles 6-55)

The limitation period for almost all suits in this massive section is also Three Years.

A. Wages, Price, and Hire (Selected Articles)

Article 7 (General Wages): The clock starts when the wages accrue due (become payable). If a salary is due on the 5th of every month, the limitation for that payment starts on the 5th.
Article 10 (Carrier Loss): Against a shipping or logistics company (carrier) for losing or injuring goods. Time begins when the loss or injury occurs.
Article 11 (Carrier Non-Delivery): Against a carrier for failing to deliver or delaying goods. Time begins when the goods ought to be delivered (the scheduled delivery date).
Article 12 (Hire): For the hire of vehicles, furniture, etc. Time begins when the hire becomes payable.

B. Goods Sold and Delivered (Selected Articles)

Article 14 (No Credit): For the price of goods sold where no fixed period of credit is agreed upon. The clock starts on the date of the delivery of the goods.
Article 15 (Fixed Credit): For the price of goods sold to be paid for after a fixed period of credit. The clock starts when the period of credit expires.
Article 16 (Bill Not Given): When payment was supposed to be made by a bill of exchange, but the bill was never actually issued. The clock starts when the period of the proposed bill elapses (e.g., 90 days after the sale).

C. Loans and Deposits (Selected Articles)

Article 19 & 21 (Loans): For simple cash loans made with no fixed repayment date, whether stated as payable generally or payable on demand. Time begins when the loan is made, as the lender can demand payment immediately.
Article 20 (Cheque Loan): If the loan was given by cheque. Time begins when the cheque is paid (encashed).
Article 22 (Deposits): For money held as a deposit (like a bank account). Time begins only when the demand is made. The clock does not start until the customer asks for the money back.

D. Accounts Stated and Compensation (Selected Articles)

Article 26 (Accounts Stated): For money due based on reconciled accounts. Time begins when the accounts are stated in writing and signed by the defendant (the debtor).
Article 27 (Breach of Promise by Time/Contingency): For compensation for a promise tied to a specific date or event. Time begins when the time specified arrives or the contingency happens.

E. Negotiable Instruments and Surety (Selected Articles)

Article 35 (Demand Note): For a promissory note payable on demand. Time begins on the date of the bill or note, running immediately.
Article 37 (Instalment with Default Clause): For instalment payments where default on one payment makes the whole amount due. The clock for the entire debt starts when the default is made, unless the creditor accepts the late payment and waives their right to the full sum.
Article 42 (Surety vs. Debtor): By a guarantor (surety) against the primary borrower (principal debtor). Time begins when the surety pays the creditor.
Article 43 (Surety vs. Co-Surety): By one guarantor against another guarantor. Time begins when the paying surety pays anything in excess of his own share.

F. Specific Performance and General Breach (Selected Articles)

Article 54 (Specific Performance): For forcing the performance of a contract (like selling land). The clock starts either:
1. On the date fixed for the performance.
2. If no date was fixed, when the plaintiff first has notice that performance is refused.
Article 55 (General Contract Breach): This is the default Article for almost all contract suits not covered by a more specific rule. The clock starts when the contract is broken (or, if it’s a continuing breach, when the breach ceases).

FIRST DIVISION: SUITS

PART III: SUITS RELATING TO DECLARATIONS (Articles 56-58)

These suits ask the court to formally declare a legal status or fact. The limitation period for all suits in this part is Three Years.

Article 56. To Declare Forgery

Description: A suit asking the court to formally declare that a specific document (instrument) that has been issued or registered is actually a forgery.
When Time Begins: When the issue or registration becomes known to the plaintiff.
Practical Example: A person discovers on July 1, 2025, that their signature was forged on a property transfer deed registered six months earlier. The three-year limitation period begins on July 1, 2025.

Article 57. To Declare Adoption Invalid

Description: A suit to obtain a declaration that an alleged adoption is legally invalid or that it never, in fact, took place.
When Time Begins: When the alleged adoption becomes known to the plaintiff.
Practical Example: A relative learns on March 1, 2026, that a person has falsely claimed to be adopted to gain inheritance rights. The relative must file suit to challenge the adoption by March 1, 2029.

Article 58. To Obtain Any Other Declaration

Description: This is the residuary article for all other types of declarations not specifically mentioned in Articles 56 and 57.
When Time Begins: When the right to sue first accrues (when the cause of action arises).
Practical Example: A student is wrongly expelled from a university. They want a declaration from the court that the expulsion order is void. The clock starts the day the expulsion order is issued, as that is when the right to sue (to challenge the order) arises.

PART IV: SUITS RELATING TO DECREES AND INSTRUMENTS (Articles 59-60)

This part deals with setting aside or cancelling legal instruments or decrees. The limitation period is Three Years.

Article 59. To Cancel or Set Aside an Instrument or Decree

Description: A suit to legally cancel, set aside, or rescind (nullify) a document, a court order (decree), or a contract.
When Time Begins: When the facts that entitle the plaintiff to have the document or decree cancelled first become known to him.
Practical Example: A person signs a sale deed under duress (force). They only fully realize the legal implications and the fraudulent nature of the transaction on May 1, 2025. They must file the suit for cancellation by May 1, 2028.

Article 60. To Set Aside a Transfer by a Guardian

This article deals specifically with protecting the property of a minor (ward) that was illegally transferred by their guardian.

Clause (a) By the ward who has attained majority:
- When Time Begins: When the ward attains majority.
- Practical Example: A guardian illegally sells the ward’s land. The ward turns 18 on June 1, 2025. The ward has until June 1, 2028, to sue to recover the land, regardless of when the illegal sale happened.
Clause (b) By the ward’s legal representative:
- Sub-clause (i): When the ward dies within three years from the date of attaining majority. Time still runs from when the ward attains majority.
- Sub-clause (ii): When the ward dies before attaining majority. Time begins when the ward dies.

PART V: SUITS RELATING TO IMMOVABLE PROPERTY (Articles 61-67)

This section contains some of the longest limitation periods in the Act.

Article 61. By a Mortgagor (Borrower)

This article deals with a borrower’s right to reclaim property given as security (mortgaged).

Clause (a) To redeem or recover possession:
- Limitation: Thirty Years.
- When Time Begins: When the right to redeem or to recover possession accrues. This is typically the date the mortgage debt becomes fully repayable.
- Practical Example: A mortgage is due to be paid off on Jan 1, 2025. The borrower has until Jan 1, 2055, to redeem the property from the mortgagee, highlighting the sacred nature of the right to redemption.
Clause (b) To recover possession after transfer:
- Limitation: Twelve Years.
- When Time Begins: When the transfer becomes known to the plaintiff.
- Practical Example: A mortgagee sells the property to a third party (Mr. X). The borrower finds out about the illegal sale on March 1, 2025. The borrower must sue Mr. X to recover the property by March 1, 2037.

Article 62. To Enforce Payment of Money Secured by Mortgage

Description: A suit by the creditor (mortgagee) to enforce the payment of the debt itself, secured by immovable property.
Limitation: Twelve Years.
When Time Begins: When the money sued for becomes due.
Practical Example: A mortgage payment is defaulted on Jan 1, 2025. The bank must sue to recover the debt (usually by forcing the sale of the property) by Jan 1, 2037.

Article 63. By a Mortgagee (Creditor)

This covers the creditor’s right to take possession or ownership after default.

Clause (a) For foreclosure:
- Limitation: Thirty Years.
- When Time Begins: When the money secured by the mortgage becomes due.
- Practical Example: The money became due on Jan 1, 2025. The mortgagee can sue to obtain full ownership (foreclosure) of the property up until Jan 1, 2055.
Clause (b) For possession:
- Limitation: Twelve Years.
- When Time Begins: When the mortgagee becomes entitled to possession.

Article 64. Possession based on Previous Possession

Description: For a person who was previously in possession of immovable property and was illegally dispossessed (thrown out). The suit is based not on the ownership title, but on the fact of recent possession.
Limitation: Twelve Years.
When Time Begins: The date of dispossession.
Practical Example: A tenant or license holder is illegally thrown out of a plot of land by a third party. The tenant must sue to recover possession within 12 years of the date they were dispossessed.

Article 65. Possession based on Title

Description: For a person seeking possession of immovable property based on their legal ownership title. This is the general article for all suits claiming ownership.
Limitation: Twelve Years.
When Time Begins: When the possession of the defendant becomes adverse to the plaintiff. Adverse possession means the defendant’s possession is without permission and is hostile to the true owner’s rights.
Practical Example: Mr. A (the true owner) discovers on July 1, 2025, that Mr. B is illegally occupying his land and has started claiming it as his own (adverse possession). Mr. A must file a suit to recover the property by July 1, 2037. If Mr. A waits until July 2, 2037, Mr. B will legally gain ownership of the property by adverse possession (Section 27).

This section provides a deep dive into the legal concepts of Declarations and Property Possession, including the critical differences between the 3-year, 12-year, and 30-year limitation periods.

FIRST DIVISION: SUITS (Articles 68-113)

PART VI: SUITS RELATING TO MOVABLE PROPERTY (Articles 68-71)

These suits deal with claims for physical, movable assets (chattels) and carry a limitation period of Three Years.

Article 68. Lost, Stolen, or Converted Property

Description: A suit to recover possession of a specific movable property that was lost, stolen, dishonestly misappropriated, or fraudulently converted.
When Time Begins: When the person having the right to possession first learns in whose possession the property is.
Practical Example: A valuable painting is stolen from Mr. A in 2020. Mr. A discovers on July 1, 2025, that the painting is now being held by Mr. X. The three-year period begins on July 1, 2025, giving Mr. A until 2028 to sue Mr. X, regardless of when the theft occurred.

Article 69. Other Specific Movable Property

Description: A general suit to recover other specific movable property not covered by the above rules.
When Time Begins: When the property is wrongfully taken or when the detainer’s possession becomes unlawful.
Practical Example: A library book is due back on Jan 1, 2025. The borrower keeps it. The library’s right to sue starts on Jan 1, 2025, because the borrower’s continued possession became unlawful on that date.

Article 70. Recovering Pawned/Deposited Property

Description: A suit to recover movable property that was temporarily stored (deposited) or pledged as security (pawned) from the holder (depositary or pawnee).
When Time Begins: The date of refusal after demand.
Practical Example: Mr. B deposited his watch with a pawnbroker. Mr. B pays the loan and demands the watch back on Feb 1, 2025, but the pawnbroker refuses. The clock starts on Feb 1, 2025.

PART VII: SUITS RELATING TO TORT (Articles 72-91)

Torts are civil wrongs like negligence, trespass, or defamation. The limitation periods here are often very short (One Year or Two Years).

Article 72. Official Acts (One Year)

Description: For compensation against a government officer for doing, or failing to do, an act that was allegedly done in pursuance of a law.
When Time Begins: When the act or omission takes place.
Practical Example: A municipal officer wrongly demolishes a small part of a shop, claiming it was an authorized act. The shop owner must sue the officer for compensation within one year of the demolition.

Article 73. False Imprisonment (One Year)

Description: For compensation for being wrongfully jailed or detained.
When Time Begins: When the imprisonment ends.
Practical Example: A person is held in police custody without legal basis from Jan 1 to Jan 15, 2025. The one-year clock starts on Jan 15, 2025.

Article 74. Malicious Prosecution (One Year)

Description: For compensation when someone initiated a criminal case against the plaintiff without probable cause and with malice.
When Time Begins: When the plaintiff is acquitted or the prosecution is otherwise terminated in the plaintiff’s favor.

Article 75. Libel (One Year)

Description: For compensation for libel (defamation in a fixed medium, like print or digital).
When Time Begins: When the libel is published.
Practical Example: A newspaper prints a defamatory article on Sept 1, 2025. The person defamed must sue by Sept 1, 2026.

Article 76. Slander (One Year)

Description: For compensation for slander (defamation by spoken word).
When Time Begins: When the words are spoken, or, if the words are not damaging on their own, when the special damage complained of results.

Article 82. Fatal Accidents Act (Two Years)

Description: By executors, administrators, or representatives for compensation under the Indian Fatal Accidents Act, 1855 (death caused by wrongful act).
When Time Begins: The date of the death of the person killed.
Practical Example: A person dies in an accident due to negligence on Jan 1, 2025. The family must file a claim for compensation by Jan 1, 2027.

Article 85-90. Trespass, Nuisance, and Injury

These are general torts with a Three Year limitation period:

Article 85 (Obstructing a Way): When the obstruction takes place.
Article 87 (Trespass on Property): The date of the trespass.
Article 90 (Injury by Wrongful Injunction): When the injunction ceases.

PART VIII: SUITS RELATING TO TRUSTS AND TRUST PROPERTY (Articles 92-96)

These articles address special cases involving trusts, religious endowments, and transfers made by trustees.

Article 92. Recovering Immovable Property Transferred by Trustee

Description: To recover possession of immovable property that was conveyed in trust but was then illegally transferred by the trustee for a valuable consideration.
Limitation: Twelve Years.
When Time Begins: When the transfer becomes known to the plaintiff.

Article 94. Setting Aside Transfer of Endowment Property

Description: To set aside a transfer of immovable property belonging to a Hindu, Muslim, or Buddhist religious or charitable endowment, made by the manager for a valuable consideration.
Limitation: Twelve Years.
When Time Begins: When the transfer becomes known to the plaintiff.
Practical Example: The head of a temple (the manager/trustee) illegally sells temple land to a builder. The community members discover this on April 1, 2025. They have until April 1, 2037, to sue to set aside the sale.

Article 96. By a Manager to Recover Endowment Property

Description: By a manager of a religious or charitable endowment to recover property transferred by a previous manager for a valuable consideration.
Limitation: Twelve Years.
When Time Begins: The date of death, resignation, or removal of the transferor (previous manager) or the date of appointment of the plaintiff as manager, whichever is later.

PART IX: SUITS RELATING TO MISCELLANEOUS MATTERS (Articles 97-112)

This final grouping covers specific, diverse civil actions.

Article 97. Right of Pre-emption

Description: To enforce a right of pre-emption (the legal right to buy something, such as neighboring land, before it is offered to others).
Limitation: One Year.
When Time Begins: When the purchaser takes physical possession of the whole or part of the property, or when the instrument of sale is registered (if physical possession is not possible). This is a very tight deadline to encourage quick action.

Article 100. Setting Aside Official Orders (One Year)

Description: To challenge or set aside any decision or order of a civil court (in a non-suit proceeding) or any act or order of a Government officer in their official capacity.
Limitation: One Year.
When Time Begins: The date of the final decision/order or the date of the act or order of the officer, as the case may be.
Practical Example: A tax officer issues a final demand notice that a person wants to challenge. The person must file suit to set aside that official order within one year of its date.

Article 106. Suit for a Legacy or Share of an Estate

Description: For a person to claim a specific gift (legacy) or a share of the remaining property (residue) from an executor or administrator of a deceased person’s estate.
Limitation: Twelve Years.
When Time Begins: When the legacy or share becomes payable or deliverable.

Article 113. The Residuary Article (Three Years)

Description: Any suit for which no period of limitation is provided elsewhere in the Schedule.
Limitation: Three Years.
When Time Begins: When the right to sue accrues (when the cause of action arises).
Practical Example: If you have a unique civil claim that does not fit perfectly into any of the 112 preceding articles, this article acts as the legal safety net, giving you three years from the date the wrong occurred.