Law4u - Made in India

What is the limitation period for filing a breach of contract claim in India?

11-Mar-2023
Breach of Contract

Answer By law4u team

The Limitation Act, 1963 governs the limitation period for filing a breach of contract claim in India. The limitation period specifies the time within which a legal action must be initiated. In India, the limitation period for filing a breach of contract claim is as follows: For a breach of contract that is in writing and registered: The limitation period is three years from the date on which the breach occurred. For a breach of contract that is in writing but not registered: The limitation period is three years from the date on which the breach occurred. For a breach of contract that is not in writing: The limitation period is three years from the date on which the breach occurred. For a breach of contract where the aggrieved party was not aware of the breach: The limitation period is three years from the date on which the aggrieved party became aware of the breach. For a continuing breach of contract: The limitation period is three years from the date on which the breach stopped. It is important to note that the limitation period cannot be extended, except in cases where the delay in filing the claim was due to fraud or mistake. In such cases, the court may allow an extension of the limitation period. However, it is advisable to initiate legal action within the prescribed limitation period to avoid any complications.

Answer By Anik

The limitation period for the same is 3 years.

Answer By Anik

Dear Client, In India the time within which to file a breach of contract suit is as per the Limitation Act of 1963 which in Article 55 reports a period of 3 years from the date of the breach of contract or from the date of the relevant breach in cases of successive or continuous breaches (Section 22). This is true for suits for compensation or damages as mentioned in the Indian Contract Act of 1872 and the limitation period begins to run at the point the cause of action accrues which is usually upon the first incident of non performance or refusal to perform. Key Aspects and Exceptions Calculation: For at first time offenses the clock starts at the time of the breach. In continuous breaches (for example, an on going non payment) a new 3 year period is initiated with each instance of the breach until the issue is resolved. Exceptions Extending the Period: Out of the Ordinary:. Fraud, Mistake, or Concealment (Section 17): From the date of discovery. Acknowledgment of Liability (Section 18): A written notice (for example in emails or balance sheets) begins a new period from that date. Part-Payment (Section 19): Partial payment resets the 3 year clock. Contractual Limits: Parties cannot enter into an agreement to reduce the period (Section 28 of the Contract Act) but extensions are permitted. Consequences of Delay: If after the period the claim is filed it is dismissed, unless there are exceptions which apply. Courts very much enforce this for the sake of timely justice. I hope this answer helps to resolve your queries. If you still have any concerns, please contact our law firm! Thank you!

Breach of Contract Verified Advocates

Get expert legal advice instantly.

Advocate Hitesh Dubey

Advocate Hitesh Dubey

Anticipatory Bail, Arbitration, Armed Forces Tribunal, Bankruptcy & Insolvency, Banking & Finance, Court Marriage, Corporate, GST, Consumer Court, Civil, Child Custody, Cheque Bounce, Breach of Contract, Criminal, Cyber Crime, Domestic Violence, Family, Documentation, Divorce, High Court, Immigration, International Law, Insurance, Labour & Service, Landlord & Tenant, Property, Patent, Motor Accident, Medical Negligence, Media and Entertainment, Recovery, RERA, Startup, Succession Certificate, Tax, Trademark & Copyright, Revenue, Customs & Central Excise, NCLT

Get Advice
Advocate Vaijanath Vithalrao Lande

Advocate Vaijanath Vithalrao Lande

Anticipatory Bail, Arbitration, Bankruptcy & Insolvency, Banking & Finance, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Corporate, Court Marriage, Customs & Central Excise, Criminal, Cyber Crime, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, International Law, Labour & Service, Landlord & Tenant, Media and Entertainment, Medical Negligence, Motor Accident, Muslim Law, Property, R.T.I, Recovery, Succession Certificate, Revenue

Get Advice
Advocate Ashutosh Tiwari

Advocate Ashutosh Tiwari

Arbitration, Banking & Finance, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Corporate, Customs & Central Excise, GST, High Court, Insurance, Labour & Service, Landlord & Tenant, NCLT, R.T.I, Recovery, RERA, Startup, Supreme Court, Tax, Trademark & Copyright, Wills Trusts, Revenue

Get Advice
Advocate Saurabh Chandra Agarwal

Advocate Saurabh Chandra Agarwal

GST, Startup, Tax, Breach of Contract, Trademark & Copyright

Get Advice
Advocate Gnanapragasam

Advocate Gnanapragasam

Anticipatory Bail, Breach of Contract, Cheque Bounce, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, High Court, Insurance, Motor Accident, Succession Certificate, Wills Trusts, R.T.I, Landlord & Tenant, Bankruptcy & Insolvency, Arbitration

Get Advice
Advocate Gaurang Dwivedi

Advocate Gaurang Dwivedi

Anticipatory Bail, Banking & Finance, Cheque Bounce, Breach of Contract, Child Custody, Criminal, High Court, Labour & Service

Get Advice
Advocate Prabhakar Tiwari

Advocate Prabhakar Tiwari

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Domestic Violence, Family, High Court, Property, Muslim Law, Recovery, Succession Certificate, Revenue, R.T.I, Motor Accident, Cyber Crime, Bankruptcy & Insolvency, Trademark & Copyright

Get Advice
Advocate Mayuri Srivastava

Advocate Mayuri Srivastava

Anticipatory Bail,Arbitration,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,GST,Family,High Court,Labour & Service,Media and Entertainment,Motor Accident,Muslim Law,Patent,R.T.I,Succession Certificate,Wills Trusts,

Get Advice
Advocate Rakesh Raj Singh

Advocate Rakesh Raj Singh

Anticipatory Bail, Banking & Finance, Breach of Contract, Cheque Bounce, Consumer Court, Criminal, Cyber Crime, Divorce, GST, Family, High Court, Succession Certificate

Get Advice
Advocate Karpagam Nithiyanantham

Advocate Karpagam Nithiyanantham

Anticipatory Bail,Arbitration,Bankruptcy & Insolvency,Breach of Contract,Cheque Bounce,Child Custody,Civil,Consumer Court,Court Marriage,Customs & Central Excise,Criminal,Cyber Crime,Divorce,Documentation,Domestic Violence,Family,High Court,Insurance,International Law,Labour & Service,Landlord & Tenant,Media and Entertainment,Medical Negligence,Motor Accident,Patent,Property,R.T.I,Recovery,Succession Certificate,Trademark & Copyright,Wills Trusts

Get Advice

Breach of Contract Related Questions

Discover clear and detailed answers to common questions about Breach of Contract. Learn about procedures and more in straightforward language.