Third Division : Limitation Act

THIRD DIVISION: APPLICATIONS (Articles 118-137)

This Division covers all requests to the court that are neither an initial suit nor an appeal. These deadlines are generally the shortest, often measured in days.

PART I: APPLICATIONS IN SPECIFIED CASES (Articles 118-136)

This section includes specific, critical procedural applications.

Article 118. Summary Procedure Defence

• Description: Application for permission to appear and defend a suit filed under summary procedure (where the claim is quickly established, typically for debts).
• Limitation: Ten Days.
• When Time Begins: When the summons is served on the defendant.
• Practical Example: A defendant receives a summons for a debt under summary procedure. They have a maximum of 10 days from receiving that document to apply for permission to defend the case, or judgment may be passed immediately.

Article 120 & 121. Legal Representatives and Abatement

These articles cover reviving a suit or application after a party has died.

• Article 120 (Adding Legal Representative): To add the legal heir of a deceased plaintiff, appellant, defendant, or respondent to the record.
  • Limitation: Ninety Days.
  • When Time Begins: The date of death of the party.
• Article 121 (Setting Aside Abatement): To set aside an abatement (the automatic dismissal of a case) that occurred because the legal heir was not added in time (i.e., within 90 days under Article 120).
  • Limitation: Sixty Days.
  • When Time Begins: The date of abatement.
  • Practical Example: A defendant dies. If the plaintiff fails to apply to add the heir within 90 days (Art. 120), the suit automatically abates. The plaintiff then has an extra 60 days (Art. 121) from the date of abatement to file an application explaining the delay and getting the abatement order reversed.

Article 123. Setting Aside Ex Parte Decrees

• Description: To set aside a decree passed ex parte (without the defendant present) or to rehear an appeal decided ex parte.
• Limitation: Thirty Days.
• When Time Begins: The date of the decree, or where the summons/notice was not properly served, when the applicant had knowledge of the decree.
  • Practical Example: A person claims they were never properly served with a summons, and a decree was passed against them on Jan 1, 2025. They discover the decree on May 1, 2025. The 30-day clock begins on May 1, 2025.

Article 124. Review of Judgment

• Description: For a review of a judgment by a court other than the Supreme Court.
• Limitation: Thirty Days.
• When Time Begins: The date of the decree or order.

Article 127. Setting Aside Execution Sale

• Description: An application to set aside a sale of property that happened during the enforcement (execution) of a decree.
• Limitation: Sixty Days.
• When Time Begins: The date of the sale.

Article 132 & 133. Supreme Court Appeals

• Article 132 (Certificate of Fitness): To the High Court for a certificate of fitness to appeal to the Supreme Court on constitutional grounds.
  • Limitation: Sixty Days.
  • When Time Begins: The date of the decree, order, or sentence.
• Article 133 (Special Leave Petition – SLP): To the Supreme Court itself for special leave to appeal.
  • Limitation (Death Sentence Case): Sixty Days.
  • Limitation (Appeal Refused by HC): Sixty Days.
  • Limitation (Any other case): Ninety Days.

Article 135 & 136. Execution of Decrees

These are critical for enforcing a court’s final decision.

• Article 135 (Mandatory Injunction): For the enforcement of a decree granting a mandatory injunction (a court order compelling a party to perform a specific act).
  • Limitation: Three Years.
  • When Time Begins: The date of the decree or the fixed date for performance.
  • Practical Example: A court orders a neighbor to demolish an illegal structure by Jan 1, 2025. If they fail, the applicant must file an execution application by Jan 1, 2028.
• Article 136 (General Execution): For the execution of any other decree or order of a civil court (e.g., money decrees, delivery of property).
  • Limitation: Twelve Years.
  • When Time Begins: When the decree or order becomes enforceable.
  • Proviso (Perpetual Injunction): An application for the execution of a decree granting a perpetual injunction (a court order forbidding a party from doing an act forever) shall not be subject to any period of limitation.
    • Practical Example: A court orders a company to permanently stop polluting a river. This permanent injunction can be enforced at any time (5 years, 50 years, etc.).

PART II: OTHER APPLICATIONS (Article 137)

Article 137. The Residuary Application Article

• Description: Any other application for which no period of limitation is provided elsewhere in the Division.
• Limitation: Three Years.
• When Time Begins: When the right to apply accrues.
• Practical Example: If an application is required under a special law (and that law doesn’t specify a period) or a miscellaneous request to the court does not fit into any other article, the person has three years from the date they became entitled to make that request.