The Advocate DiaryMissing a limitation date can end a client's remedy, and section 3 of the Limitation Act, 1963 requires a court to dismiss a time-barred proceeding even if limitation is not raised as a defence. Here is a quick reference to some common periods. Always check the current bare Act and case law for your facts, because special statutes can prescribe different periods.
Common periods under the Schedule
| Proceeding | Period | Article |
|---|---|---|
| Compensation for breach of contract | 3 years | 55 |
| Specific performance of a contract | 3 years | 54 |
| Declaration (other cases) | 3 years | 58 |
| Possession of immovable property based on title | 12 years | 65 |
| Suit with no prescribed period (residuary) | 3 years | 113 |
| Appeal under the CPC to a High Court | 90 days | 116(a) |
| Appeal under the CPC to another court | 30 days | 116(b) |
| Setting aside an ex parte decree | 30 days | 123 |
| Revision under the CPC | 90 days | 131 |
| Execution of a decree (general) | 12 years | 136 |
| Application with no prescribed period (residuary) | 3 years | 137 |
Sections that affect the computation
- Section 4: if the period expires on a day when the court is closed, the proceeding may be filed on the day it reopens.
- Section 5: delay may be condoned for appeals and applications on sufficient cause. It does not apply to suits.
- Section 12: excludes certain time, including the time needed to obtain a copy of the decree or order appealed from.
- Section 14: excludes time spent in good faith pursuing a proceeding in a court without jurisdiction.
- Sections 18 and 19: a written acknowledgement or part payment within the period can start a fresh period.
A common special-statute example
For cheque dishonour under the Negotiable Instruments Act, 1881, demand notice is to be given within 30 days of receiving information of the return, the drawer has 15 days to pay, and the complaint is generally to be filed within one month after the cause of action arises. Timelines like these show why you should not rely on the general Schedule alone.
Track the date as soon as you take the brief
- Work out the last date on the day you are briefed, and record how you calculated it.
- Set your own internal deadline well before the last date.
- Add tasks for the drafting and filing steps, and record the date in your case record.
Related app features
This article is for general informational purposes only and is not legal advice. Laws, rules and court procedures change, and vary between courts and states. Verify against current official sources and applicable professional guidance.