This is an act to consolidate and amend the law for the limitation of suits and other proceedings and for the purposes connected therewith.

IS THE ACT EXHAUSTIVE?

The act is complete in itself. It is exhaustive in respect to all matters which is specially dealt with by it. Indian courts are not permitted to travel beyond its provision when the matter relates to limitation act.

POLICY OF LIMITATION ACT:

SECTION 3 is a general rule which says that if a suit, appeal or application is filed after the prescribed period then that shall be dismissed. The rationale behind this general rule is that

To prevent unnecessary delay in legal proceeding
To put an end to chance of litigation
If there is no limitation period then the cause of action will become stale and also evidences will become stale i.e. witness may forget necessary evidence.

A legal dispute cannot be kept alive forever. If a party is aggrieved and wants a redressal from court then he shall go to the court within reasonable period. He shall not keep the opposite party anxious, legal rights should be settled as soon as possible.

Therefore certain limitation period has been provided by the legislature for variety of suits, appeal and applications.

EXCLUSIONS AND EXCEPTIONS:

Limitation Act does balancing of interest between parties and stipulates certain circumstances wherein despite the expiry of period of limitation the plaintiff, appellant or applicant may be allowed to file his proceedings by way of an exceptions and exclusions.

 Exceptions are from Section 4 to 11 and are added after prescribed period.  Exclusions are from 12 to 24 which are added in the period of limitation.

The entire limitation is based on the maxim called

VIGILANTIBUS NON DOMNITBUS JURA SUBVENIENT i.e. law assist him who is vigilant but not to a person who sleeps upon his right.

IS THE ACT RESTRICTIVE?

Period of limitation is restrictive but it does not bar a person’s right. It bars a person’s remedy. Right is nothing but right to recover remedy and remedy is nothing but to file a suit. If the limitation period gets complete then remedy will end but right will be there. But this is subjected to one exception i.e. PRESCRIPTION

Prescription not only bars the remedy but also the right under sections 25, 26 and 27. Under this sections if a suit is not filed within the limitation period then very substantive legal right gets extinguished.

NATURE OF THE ACT:

Limitation Act is procedural in nature. It only provides for the period within which a suit, appeal or application can be filed.

Code of Civil Procedure provides for procedure but does not provide the time limit of the procedure. Therefore it is complementary to Code of Civil Procedure.

PERIOD OF LIMITATION AND PRESCRIBED PERIOD:

Section 2(j) of limitation act says that period of limitation is a period provided by the schedule. Practically there are certain exclusions from Period of Limitations which are done under Part III of limitation act. This excluded period has to be added after the last day of period of limitation. This extended period is called as prescribed period.

Prescribed period and period of limitation (POL) CANNOT be the same at all because there will be always an exclusion of first day i.e. the day when cause of action arises in the interest of justice and this is mandatory exclusion.

For example: If POL is 3 years then prescribed period will be 3 years 1 day.

SECTION 3:- It says that subject to some provisions contained in sections 4 to 24 every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defense.

This section is a declaratory provision because it uses the word “shall” be dismissed in the section and also it is a restrictive provision as it is restricting the remedy subject to some provisions.

BURDEN OF PROOF:

The burden of proving the bar of limitation will lie upon the defendant and once he has proved the period of limitation and reckoning date (i.e. the day when cause of action arises) the burden shifts upon plaintiff and there upon the said plaintiff will prove the applicability of any exclusion or the exceptions.

Section 3(2) talks about a suit when instituted

In an ordinary case the suit is said to be instituted when the plaint is presented to the proper officer.

Example: the property of 10 Acres is of the value 10lakhs. A has undervalued the claim to 6lakhs then when he has submitted his suit to claim the property to proper officer objections were raised to correct the claim. A corrects the claim but instead of correcting the money if he strikes off the claim to 6Acres then in that case the suit will be deemed to have been filed not on the original date rather on the date when correction was made and by that time if prescribed period was expired then the suit will be time barred.

SECTION 3(2)(ii): in cases of pauper the suit is said to be instituted on the day when he files an application for leave (request) to sue as a pauper is made and if the application has agreed by the court after prescribed period also it will relate back to the date on which the application has filed.

But if the application is rejected then the burden of proving the good faith lies upon the plaintiff. If he is able to prove good faith then the court fee will be deemed to have been filed on the date of suit and entire period during which he was prosecuting the application shall be excluded. That much period will be added to the prescribed period thereby extending the original prescribed period to a subsequent date. [SECTION 13]

SECTION 3(2) (iii): in case of claim against a company which is being wound up by the court, the suit is said to be claimed on the day when he firsts sends his claim to the official liquidator. The movement they filed a claim it is the date of suit.

SECTION 3(2) (b):

In cases of setoff the suit shall be deemed to have been established on the date when suit is filed only not the date in which the setoff is claimed i.e. doctrine of relating back will apply in cases of setoff. Therefore if the setoff is filed after prescribed period also it will be deemed to be filed on the date of filing the suit. Setoff is a claim of an ascertained amount against plaintiff.
In cases of counter claim, the claim shall be deemed to be filed on the day of claim only but not on the day when the suit is filed. Counter claim is a claim by defendant against plaintiff and it is not necessarily a monetary claim. It can be any claim that the

defendant has against plaintiff. That means here the doctrine of relating back will not apply as in the case of setoff it is claimed in the same transaction and setoff and main claim will be closely related.

As in counter claim they are not closely related so if the counter claim is filed after the prescribed period then it will be barred.

SECTION 3(C): An application by notice of motion in a high court is made when the application is presented to proper officer of that court.

NOTICE OF MOTION: It is a written application made to court and it is a substantive interim order and 14 days notice is given before sending the notice of motion. The suit is said to be filed on the day when application is presented before court.

SECTION 4: IT talks about expiry of prescribed period when court is closed –

It is providing an exception to section 3. Section 4 is an enabling provision which allows filing of suit, appeal or application even after prescribed period. Is says that if the prescribed period for any suit, appeal or application expires on a day when the court is closed then the suit, appeal or application can be made on the day when the court reopens.

WHEN THE COURT IS DEEMED TO BE CLOSED:

Court is deemed to be closed on any day if during any part of its normal working hours if it remains closed.

In GURBUK SINGH V. SOHANLAL IT was held that court is closed is on fact which will depend upon practice which prevails in that court. Court need not be closed the entire day but if it is closed on any part of working hours then also it is deemed to be closed.

SECTION 5: It talks about extension of prescribed period in certain cases – this section is applicable to appeals and applications but not to suits and execution application.

The section says that if the appellant or applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period then the court may admit the appeal or application after the prescribed period. Here in the section the word may is used that means court is having double discretion.

Firstly the discretion is to examine whether the application is satisfactory or not
Secondly court will examine that even if the satisfactory explanation has been proved whether the interest of justice requires allowing or rejecting it.
BURDEN OF PROOF: It is on applicant he who is filing under Section5. It strictly lies upon applicant itself.

In RAMLAL AND OTHERS V. REWA COAL FIELD, It was held that

Period to be examined by the court is not the period before the last day of prescribed period rather the date of concern for the court is the last day of the prescribed period and period thereafter. Court is not concerned as to what the applicant did during the prescribed period.

IN COLLECTOR LAND ACQUISITION ANANTHNAG V. MST.KATIJI AND OTHERS [1987] SC

Held that, court shall not be hyper technical in seeking the explanation, it cannot expect the applicant to explain everyday’s and every movement’s delay rather it should expect him to explain the cause on the last day and broadly explain the delay thereafter.

IN N.BALAKRISHNAN V. M.KRISHN MURTHY (1998 SC) It was held that length of the delay is immaterial. Only thing that is material is sufficient cause.

EXAMPLES:

Wrong advice by advocate (in such cases delay can be condoned)
When Party met with an accident on last date
Documents of parties if stolen
Wrong interpretation of law
Ignorance of law is no defense but if the party has made bonafide wrong interpretation law then delay will be condemned.

SECTION 6: It talks about legal disabilities. THERE are three legal disabilities mentioned, they are Minor, Insane, Idiot.

SECTION 6(1):-

This section excuses an insane, minor and idiot to file a suit or make an application for execution of decree within the time prescribed by law. He may institute the suit or make the application within the same period after the disability has ceased. It provides for the same period which the plaintiff or applicant would be entitled to, had there been no disability.

In simple it can be said that, the period of limitation starts to run when disability ceases.

SECCTION 6(2):- two disabilities

On the date of reckoning (i.e. the day when cause of action arises) if a person is suffering from two disabilities then the suit will be filed after both the disabilities get ceased.

EXAMPLE: If on the date of reckoning a person is minor and after few days that person becomes unsound the after few years he will become major but his unsoundness is still in exist. The question arises here is when will he file a suit and when will the period start?

The period starts when he gets rid of unsoundness of mind but not on the day when he became major. That means after ceasing of two disabilities only the period will start.

Disability is confined to minority, insanity or idiocy
Disability must exist at the date of reckoning
The proceedings must be suit or execution application.

SECTION 6(3):-DISABILITY TILL DEATH

It says that the disability continues till death then the legal representatives can file a suit within the period provided by law. That means after his death the same period will be given to his LR’s

SECTION 6(4):-LEGAL DISABILITY FOR LEGAL REPRESENTATIVES

If the legal representatives also suffer from any of the mentioned legal disability then they will be entitled to section 6(1) and section 6(2). In clear this section is saying that a person has suffered from legal disability till his death and he died then according to section6 (3) legal representatives are entitled to file a suit but if the legal representatives are also suffering from legal disability then they can file a suit after the disability ceases to exist.

SECTION 6(5):- CEASING OF DISABILITY BEFORE DEATH

The section says if a person’s disability ceases first then if the person dies then the question arises is when the period is said to be started?

The moment when the disability ceases from that moment the period will start and as the person was died the legal representatives will file the suit.

SECTION 7: It applies to suit and execution application

If a person is having one or two disabilities then according to section 6 the period will start from the day the disability ceases to exist. But what if there are people who are jointly entitled for one thing and one of them is suffering with legal disability when the limitation period will start?

EXAMPLE: One property belongs to A, B, C one day D came into that property and throws A,B,C out from the said property. They wanted to file a suit but C was a minor i.e. he is legally disable to file a suit.

In this case if the non-disabled persons i.e. A and B are in a position to discharge the liability of defendant on behalf of the disabled plaintiff then the period will start against all the three irrespective of C’s disability because on behalf of C, A and B are discharging his liability. But if the non-disabled plaintiffs are not in a position to discharge without the consent on behalf of disabled plaintiff then the time will run on cessation of disability. The two have to wait until the third persons disability gets ceases if they want to file jointly. If they want to file separately then only C will get the benefit.

EXAMPLES OF PERSONS WHO CAN GIVE VALID DISCHARGE:

KARTA: He can give valid discharge on behalf of coparceners
PARTNERS: mutual agency, they can give valid discharge to each other. In a partnership every partner is the owner of the partnership business so every partner can give valid discharge for the debit of partnership firm.

SECTION 8:-

This section puts restrictions upon section 6 by saying that it cannot give exemption in an unruly way. The section says that section 6 and section 7 benefits cannot be given in the cases of pre-emption and the limitation period to file pre-emption suit is 1year.

Right to pre-emption i.e. right to purchase the property of the neighbor in preference to a third person is not much supported by law. So if the plaintiff was minor or unsound on the date of reckoning time will start to run against him and upon expiry upon his period he will lose the right. No benefit of section 6.

And the other thing which is discussed under section 8 is after ceasing from disability or after the death of person three years time has to be given but not more than that. It put the restrictions and caps the period to three years.

SITUATION 01: Before disability if the period expires then after ceasing from disability three years will be given.

SITUATION 02: If the disability has ceases before expiry of ordinary period and the remaining period available is more than 3 years then extra period will not be given.

SITUATION 03: If the disability period ceases before ordinary period has expired but the remaining period is less than 3 years then that much period will be added which in total is equivalent to the limitation period.

Section 8 is based upon the principle of equity and justice. It declares that a maximum of 3years of extension can be granted and not the entire period of limitation.

SECTION 9:- The section says that if once the time has begun to run no subsequent disability or inability will stop the period until last prescribed period. The only requirement is that on the first day when cause of action arose the party was not disabled and the counting of time starts.

But the proviso talks about one exception. The proviso is based upon the principles of equity and good conscience. As per the proviso the debtor of the deceased gets into dual capacity i.e. as a debtor and as an administrator of estate of deceased.

Being an administrator he can always avoid his own liability towards the legal representatives of deceased and let the prescribed period expired. In order to avoid this situation wherein the administrator can play mala fide, the proviso declares that the time during which he carried on the administration remains suspended and prescribed period gets extended.

SECTION 10:-

This section talks about suits against trustees and their representatives. This section is a peculiar section because it grants exemption from bar of limitation overriding all sections including Section 3 with the word called notwithstanding.

Essential ingredients :-

Trust has to be express. It should not be an implied trust.
property should be of specific purpose not of general purpose
property must be vested in trustees, legal representatives and assignees
Express trust should not suffer from misfeasance or malfeasance.

EXAMPLE: Any property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose and the manager is called as trustee.

SECTION 11:

It talks about contracts entered into outside territories and suits instituted in India. The question arises here is which law will apply?

For example: If a contract is entered into Germany (foreign country) and filed a suit in India then which country’s limitation will apply. Limitation is law of procedure so it is based upon principle of lex fori i.e. law of forum. Therefore Indian Limitation Act applies since suit is instituted in India.

Section 11(1):- questions of limitations of action are governed by lexfori because questions of limitations are essentially procedural matter. Law of that forum will be applicable irrespective whenever the contract has entered.

Conduct made in one country and suit in another: Interpretation of the contract will be dealt by law of country where it was hide i.e. substantive law

Mode of suing , time of suing and manner of suing is dealt by country where action is brought. It is called procedural law.

Sub-section (2): Foreign limitation cannot be used as a defense and while filing a plaint also. But it can be used as defense when

Foreign limitation extinguishes the contract and
Parties were domiciled in foreign country during entire prescribed period.

If we are filing a suit in India then this limitation act will be applicable and period of this limitation act will also apply.

PART III

COMPUTATION OF PERIOD OF LIMITATION

From this section onwards exclusions will apply. Exclusions are nothing but within the period of limitation the time will be excluded and it is added to the prescribed period. Upto section11 it talked about exceptions i.e. after completion of prescribed period extra time will be given or added to the prescribed period.

SECTION 12:- It talks about exclusion of time in legal proceedings.

Section 12 provides for two important exclusions they are

one day exclusions [this we will have in every case]
time taken in obtaining the decree or judgment

Section 12(1): It says that in computing the period of limitation for any suit, appeal or application the day from which such period is to be reckoned, shall be excluded. It is simply called as one day exclusion and it is mandatory in nature in every case. Why we exclude one day?

There may be a situation where after court closes cause of action may arise. It will be injustice if we count that day also. So generally one day is excluded.

In HIMACHACHAL PRADESH V. HIMACHAL TECHNO ENGINEERING [2010 SC]

IT was held that the first day shall be excluded which means that counting will start from reckoning only but one day will be added to the prescribed period.

SECTION 12(2) AND SECTION 12(3):

Both these sub sections has to be read together. It generally says that the time period in getting the order or judgment from court is excluded from period of limitation. Whenever an appeal is filed it can be filed from two things. They are decree and judgment.

Court will take some time to prepare these orders or judgments. The requisite time taken by the court to prepare these things shall be excluded i.e. the date on which judgment was pronounced and time taken by the court to make copy available will have to be excluded.

Requisite time does not mean requisite by reason of carelessness or negligence of the applicant. It means the time which is occupied by the officer who has got to provide that copy in making the copy.

In A.D. PARTHASARTHY V. STATE OF A.P [1966 SC] It was held that

If application under Section 12 and 13 is filed after expiry of prescribed period then the benefit of exclusion will not be available.

In STATE OF UP V. MAHARAJ NARAIN, It was held that it is prerogative on the appellant to file the appeal with either of the decree that he might have obtained. He is not duty bound to use that copy which took minimum time. If such duty is bestowed upon him, then in every case the court will have to examine how many copies he has obtained and which copy has taken at what time.

This would be practically not possible for appellant court. Therefore appellant may use any of the copies and the time requisite in procuring that copy will be excluded.

SECTION 14:

This section talks about exclusion of time i.e. the period which the party has wasted shall be excluded.

In CONSOLIDATED ENGINEERING ENTERPRISES V. IRRIGATION DEPARTMENT

(2008) SC

It was held that, previous proceeding should be civil proceeding but not quasi civil proceeding. The time wasted in quasi civil proceeding, that time is not excluded. Exclusion is applicable only when you have filed in civil court.

1^st thing to examine is whether the matter in issue is same i.e. the suit in right court and in wrong court, whether is he filing against same party except in case of necessary party. If these are not same then the benefit of section 14 will not be applicable.

The section also talks about fresh suit because of defect of jurisdiction and some other technical defects. Due to these things if the suit cannot be entertained then on such grounds it can be corrected in another suit.

Technical defects such as non –payment of court fee, non –joinder of parties, erroneous valuation of suit, deficit court fee etc…

SECTION 15:- It is talking about exclusion of time in certain other cases apart from the mentioned exclusions. It is divided into five sub sections

15(1): injunction OR STAY

Applicable to suit and execution application. It says that if a suit or application is instituted and during the time period it is stopped by injunction order by court, then the period which was stopped during the injunction i.e. from the day on which it was issued to the day which it was withdrawn will be excluded and given back. In general the injunction period will be excluded.

Example: A files an execution application after getting the decree in favor of him. B goes for an appeal to stay the execution. Superior court has ordered an injunction and says until we decide the matter the execution is stayed. And the execution is stayed for 2 years. These two years will be added to the period of limitation.

15(2):- Under this sub-section the time taken to obtain notice is excluded and the time taken in obtaining consent is excluded

EXAMPLE: If a person wants to sue a foreign government then central government consent is required. This time will be excluded.

15(3):- in cases of insolvency and winding up, the time taken for appointing a liquidator and the time taken for proceedings plus 3months is excluded.

15(4):- A person has purchased a property in execution and he filed a suit to recover possession of the same but the other party filed a suit to set aside the possession. Here the time taken by the purchaser during which a proceeding is to set aside the sale has been prosecuted shall be excluded.

15(5):- in any suit if the defendant is absent from India and from the territories outside India, that time period is excluded in a suit.

SECTION 16:- THIS section talks about

Effect of death: 01. On accrual of Cause of Action and 02. Before Cause of Action accrued.

Example: ‘A’ is playing with the fire and negligently that fire catches the other person B and he died because of this fire. Here the cause of action arisen on death of B. now the question arises that who will file a suit and when the period of limitation will start?

On behalf of B his legal representatives will file a suit and the period of limitation will start when his legal representatives are brought on record and the time during which the legal representatives are brought on record is not calculated.

Example: A says to B that he will pay the money to B on 3^rd October but B dies on 1^st October itself now B’s cause of action will arise on 3^rd and legal representatives can file a suit and the period will start when LRs join.

16(2):- It is talking about defendant ‘s death : 01. Cause of action accrues on his death 02. Death before cause of action arose

In these two cases the period will start when LRs are brought on record but the difference between plaintiffs LRs and defendants LRs are the former has to be capable i.e. there should not be any legal disability but for the later the word capable is not used so defendants LRs need not be capable.

16(3):- This is an exception to (1) and (2) i.e. these two will not be applied in the cases of preemption, suit for possession of immovable property, suit for possession of hereditary office.

SECTION 17:- It is talking about effect of fraud or mistake

It says that if an application or suit is filed based upon the fraud of defendant or
When the knowledge of right of title is concealed by fraud or
When there is a consequence of mistake or
When the necessary document are concealed fraudulently

Then the period of limitation will start on the day when plaintiff discovers the fraud

Example: A says to B that the grain which B are having are very qualified in nature and imported from foreign countries and the taste will be very nice, when B when to A’s go down he showed him different grains. B without knowing the fraud had agreed to buy and after the grains arrived to B’s go down and after two days he saw that grains are different and A committed fraud. Here limitation period will start when B has discovered the fraud but not when A has given the grains.

The proviso is explaining about third party interest, it is a valid interest if it is made with consideration and without knowledge/ reason to believe of fraud/mistake. In general a fraudulent transaction will happen then subsequent honest transaction will take place

17(2): one year extension will be given for filing an application by judgment –creditor if judgment –debtor has by fraud or force prevented the execution of decree within the limitation period.

SECTION 18:- It talks about acknowledging the liability in writing before prescribed period.

The section says that before the expiration of prescribed period for a suit or application in respect of any property if a person admits his liability in respect of that property in writing and signed then a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.

TILAK RAM V. NATHU (1966 SC)

It can be express or can be implied
It has to be in writing and signed
Acknowledgement should be given by the person who is liable or through his agent  It can be given not only to claimant but to any person

EXPLANATION:

It will be an acknowledgement even if the person omits the exact nature of right/ liability. Broad admission of right or liability is valid
If the person avers that time of payment or delivery has not yet came though he admitted his liability
If it is coupled with claim or is addressed to any other person other than person entitled.
Or if he agrees the liability but refuses to pay.
IF there is no date on acknowledgment then oral evidence may be given according to sub section(2) it is saying that a person can give oral evidence of the date but not what is written in acknowledgment.

SECTION 19:- It talks about part payment

A person acknowledges the payment by paying it partly on account of debt or interest either in handwriting or writing signed.

In section 19, the acknowledgment has to be made by part payment. The payment itself will be deemed to be an acknowledgment provided the person making the payment has written and signed the amount of payment.

IN SANTLAL MAHANTON V.KAMLA PRASAD(1951 SC)

It was geld that a written acknowledgment will be allowed only about payment and oral testimony shall not be allowed. If the written acknowledgment held after date of payment also it is a valid acknowledgment because payment is paid within prescribed period and period will be refreshed from part payment.

Acknowledgment will be from date of payment not from the date of writing

IN JIWAN LAL ACHARYA V. RAMESHLAL AGARWAL [1967 SC]

Court held that in the case of payment by cheque, date of payment will be date which is mentioned on the cheque.

SECTION 20:- It IS a supplementary provision and explains what is provided in Section 18 and 19. It talks about acknowledgment or payment by another person.

In this section the word agent duly authorized in this behalf is mentioned. Who are the agents who are duly authorized. 20(1) says that

lawful guardian
committee
manager is duly authorized.

Nothing in this section renders the acknowledgement of one as another. They are

joint contractors
partners
executor
mortgagee

if one of the above acknowledges the debt that will not be an acknowledgment for others unless they are in some special position.

If the acknowledgment was made by the karta then it will be binding upon all coparceners including any new karta after the death of earlier karta.

When a partner is admitting the firm liability and not of his own then it is a valid acknowledgment.

SECTION 21:-THIS talks about addition or substitution of plaintiff or defendant after instituting the suit.

It says that if a plaintiff or defendant has added or substituted after the institution of plaint then he will be deemed to be added when he was so made a party. The question arises here is when he was deemed to made

on date of application
on date of order for such addition or substitution  or when summons are served.

The person will be deemed to be added or substituted on the date of application itself not the other two. But if a person is added after the limitation period, whether it will be a bar of limitation?

Proviso says if the court gets satisfaction that omission to include was made in due mistake in good faith then the addition or substitution will relate back to the date of suit. It is courts discretion to give permission or not.

But sub-sec(2) provides that if a party is added or substituted owing to

assignment ( willful transferring the ownership)
devolution and (a person will be died and property will devolve upon legal representatives)
transposition (transposing from plaintiff to defendant if there is no court fee involved)

in all these cases sub-section 1 will not apply and it is deemed that they are added on the original date of suit.

SECTION 25, 26 and 27:-

IT talks about acquisition of easement by way of prescription. If on any building there is a peaceful enjoyment of a person as an easement without any interruption for twenty years and for any way or watercourse, light, air openly enjoyed by a person claiming title as an easement the right shall be absolute and indefeasible.

Enjoyment must be open and shall not be clandestine. If it is not open then period will not start.

At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.

SETTLED POSSESSION:

Two elements have to be proved i) Animus and ii) Corpus

Animus: intention to put the object to natural use

Intention to exclude others from interfering in that property

Corpus:

Person concerned having such control upon the property that he can at any point of time put the property to its natural use.

Also, his having such control over property that he can exclude the other from interfering in that property.

IN P.T. MUNICHIKANNA REDDY AND OTHERS V. REVOAMMA AND OTHERS:

It follows that sound qualities of a typical adverse possession lie in it being open, continuous and hostile – nec vi: adequate in continuity, nec clam: adequate in publicity, nec precario: adverse to a competitor are necessary.

A person who claims adverse possession should show on what date he came into possession, what was the nature of his possession was. How long his possession has continued and there must be a hostile possession by clearly asserting hostile title in denial of the title of true owner.

SCHEDULES

They are basically divided into three:

suits
appeals
applications

There are total of 137 entries and 112 belong to suits.

SUITS: to file a suit, the limitation period for

accounts, contracts and declaration decree – 3 years
all movable property – 3 years
for immovable property generally – 12 years

o redemption – 30 years o Foreclosure –30 years o Recovery of surplus –3 years.

Claiming movable property under trust –3 years

Immovable property – 12 years If filed by manager –12 years.

Under torts, for personal tort –1 year, and for other three torts –2 years (article 82 –84 ) v Some other miscellaneous things APPEALS:

IN CRIMINAL CASES an appeal to high court is 60 days and any other courts is 30 days

In CIVIL CASES an appeal to High court is 90 days and any other court is 30 days.

APPLICATIONS:

30 Days generally. But
For execution 12 years,
Execution of mandatory injunction is 3 years and
Delivery of immovable property at execution is 1year.

SOME OTHER THINGS:

Leave to defend 10 days
Substitution application 90 days
Set aside abatement 60 days
Set aside of sale in execution 60 days
Non prescribed things : 3 years

Limitation Act 1963