Law4u - Made in India

What Are the Key Provisions of the Limitation Act?

Answer By law4u team

The Limitation Act, 1963, provides the timeframe within which a person can file a suit or claim in a court of law in India. It aims to ensure that legal actions are taken promptly and to prevent the injustice that could arise from allowing parties to delay seeking justice indefinitely. Here are some key specifics of the Limitation Act:

1. Time Limits for Filing Suits:

The Act prescribes different limitation periods for various types of cases. For instance:

  • Suits for recovery of money or property: Typically, the limitation period is 3 years.
  • Suits for breach of contract: Generally, the limitation is also 3 years.
  • Suits related to immovable property: The limitation period is 12 years.

2. Commencement of Limitation Period:

The limitation period usually starts from the date the cause of action arises, i.e., when the party could first file the suit.

3. Exclusions:

Certain situations may exclude the time spent during which a person is unable to file a suit due to specific reasons, such as:

  • Mental incapacity of the plaintiff.
  • Minority (the plaintiff is a minor).
  • Fraud or deception by the defendant.

4. Extension of Limitation Period:

The court has the authority to extend the limitation period in exceptional circumstances, often on the grounds of sufficient cause for the delay.

5. Limitation for Appeals:

The Act also sets specific limitation periods for filing appeals, typically ranging from 30 days to 90 days from the date of the judgment or order.

6. Impact of Delay:

If a suit is filed after the limitation period has expired, the defendant can raise the issue of limitation as a defense, and the court will dismiss the suit.

7. Application for Delay:

A party may file an application for condonation of delay, providing valid reasons for not filing within the stipulated time.

8. Special Limitation Provisions:

Certain laws may have special provisions regarding limitation, overriding the general provisions of the Limitation Act.

9. Notice Requirement:

In some cases, a prior notice may be required before initiating a suit, and the limitation period may be counted from the date of such notice.

10. Judicial Interpretations:

Courts often interpret the Limitation Act in various contexts, establishing precedents that clarify its application in specific cases.

Conclusion:

The Limitation Act, 1963, is crucial in maintaining judicial efficiency and ensuring that legal claims are made within a reasonable timeframe.

Our Verified Advocates

Get expert legal advice instantly.

Advocate Pradeep Verma

Advocate Pradeep Verma

Civil, Documentation, Family, Wills Trusts, Revenue

Get Advice
Advocate Vinod Kumar Singh

Advocate Vinod Kumar Singh

Anticipatory Bail, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Labour & Service, Media and Entertainment, Motor Accident, Patent, Property, Medical Negligence, Trademark & Copyright, Tax

Get Advice
Advocate Muzammil I. Makrani

Advocate Muzammil I. Makrani

Anticipatory Bail, Arbitration, Cheque Bounce, Civil, Court Marriage, Criminal, Cyber Crime, Divorce, Domestic Violence, Family, High Court, Motor Accident, Muslim Law, Revenue, Consumer Court, Child Custody, Property, R.T.I, Succession Certificate

Get Advice
Advocate Ashwani Sharma

Advocate Ashwani Sharma

Anticipatory Bail, Cheque Bounce, Consumer Court, Court Marriage, Criminal, Divorce, Family, Insurance, Motor Accident

Get Advice
Advocate Amit Kumar Upadhyay

Advocate Amit Kumar Upadhyay

Anticipatory Bail, Arbitration, Breach of Contract, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Documentation, Divorce, GST, Family, High Court, Labour & Service, Domestic Violence, Medical Negligence, Motor Accident, Muslim Law, Landlord & Tenant, Property, R.T.I, Recovery, RERA, Succession Certificate, Revenue, Wills Trusts

Get Advice
Advocate H K Barot

Advocate H K Barot

Criminal, Civil, Cheque Bounce, Divorce, High Court, Motor Accident, Medical Negligence, Labour & Service, Landlord & Tenant, Documentation, Child Custody, Breach of Contract

Get Advice
Advocate Supriya Tyagi

Advocate Supriya Tyagi

Anticipatory Bail, Court Marriage, Civil, Cheque Bounce, Criminal, Cyber Crime, High Court, Property, Motor Accident, Medical Negligence, Succession Certificate, Documentation

Get Advice
Advocate Kumar Thombare

Advocate Kumar Thombare

Anticipatory Bail, Breach of Contract, Cheque Bounce, Child Custody, Civil, Consumer Court, Court Marriage, Criminal, Divorce, Documentation, Domestic Violence, Family, Landlord & Tenant, Muslim Law, Property, Recovery, Succession Certificate

Get Advice

General Related Questions

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