The Limitation Act, 1963

(1) This Act may be called the Limitation Act, 1963. (2) It extends to the whole of India 1***. (3) It shall come into force on such date2as the Central Government may, by notification in theOfficial Gazette, appoint.

In this Act, unless the context otherwise requires,-- (a) "applicant" includes-- (i) a petitioner; (ii) any person from or through whom an applicant derives his right to apply; (iii) any person whose estate is represented by the applicant as executor, administrator orother representative; (b) "application" includes a petition; (c) "bill of exchange" includes a hundi and a cheque; (d) "bond" includes any instrument whereby a person obliges himself to pay money to another,on condition that the obligation shall be void if a specified act is performed, or is not performed, asthe case may be; (e) "defendant" includes-- (i) any person from or through whom a defendant derives his liability to be sued; (ii) any person whose estate is represented by the defendant as executor, administrator orother representative; (f) "easement" includes a right not arising from contract, by which one person is entitled toremove and appropriate for his own profit any part of the soil belonging to another or anythinggrowing in, or attached to, or subsisting upon, the land of another; (g) "foreign country" means any country other than India; (h) "good faith"--nothing shall be deemed to be done in good faith which is not done with duecare and attention; (i) "plaintiff" includes-- (i) any person from or through whom a plaintiff derives his right to sue; (ii) any person whose estate is represented by the plaintiff as executor, administrator or otherrepresentative; (j) "period of limitation" means the period of limitation prescribed for any suit, appeal orapplication by the Schedule, and "prescribed period" means the period of limitation computed inaccordance with the provisions of this Act; (k) "promissory note" means any instrument whereby the maker engages absolutely to pay aspecified sum of money to another at a time therein limited, or on demand, or at sight; (l) "suit" does not include an appeal or an application; (m) "tort" means a civil wrong which is not exclusively the breach of a contract or the breach of atrust; (n) "trustee" does not include a benamidar, a mortgagee remaining in possession after themortgage has been satisfied or a person in wrongful possession without title.

(1) Subject to the provisions contained in sections 4 to 24 (inclusive), everysuit 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 purposes of this Act,-- (a) a suit is instituted,-- (i) in an ordinary case, when the plaint is presented to the proper officer; (ii) in the case of 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 up by the court, when theclaimant first sends in his claim to the official liquidator; (b) any claim by way of a set off or a counter claim, shall be treated as a separate suit and shall bedeemed 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 presentedto the proper officer of that court.

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 beinstituted, 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 ifduring any part of its normal working hours it remains closed on that day.

Any appeal or any application, other than anapplication under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908),may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he hadsufficient cause for not preferring the appeal or making the application within such period. Explanation.--The fact that the appellant or the applicant was misled by any order, practice orjudgment of the High Court in ascertaining or computing the prescribed period may be sufficient causewithin the meaning of this section.