The Limitation Act, 1963

The Limitation Act, 1963, is one of the most strategically significant statutes in a litigator’s toolkit.
Surprisingly, the Act does not impose a time limit on the lodging of a First Information Report (FIR).
This blog is designed to highlight the most relevant and practical provisions of the Limitation Act, 1963 — provisions that every competent advocate should be familiar with.

Table of Contents

• Key Highlights from the Limitation Act, 1963
  
• The Underlying Principle of the Limitation Act
  
• Essential Legal Provisions Every Advocate Should Know
  
  • Fact #1 to Fact #14
    

The Underlying Principle of the Limitation Act, 1963

The foundation of the Limitation Act lies in two significant legal maxims:

• Interest Reipublicae Ut Sit Finis Litium
  “In the interest of the state, there must be an end to litigation.”
  
• Vigilantibus non dormientibus jura subveniunt
  “The law aids those who are vigilant, not those who sleep over their rights.”

The Limitation Act is enforced to ensure the timely resolution of disputes and to prevent indefinite delays in the judicial process. It establishes specific time frames within which a legal action must be initiated. Once this period lapses, the court may bar such proceedings.

Legal Provisions from the Limitation Act Every Advocate Should Know

The Limitation Act comprises 32 Sections across 5 parts and 137 Articles divided into 10 parts. These Articles stipulate various limitation periods for filing suits, appeals, and applications in different legal contexts.

Fact #1

Under Section 3, courts are obligated to dismiss suits, appeals, or applications if they are filed after the expiry of the prescribed limitation period. However, this doesn’t mean the litigant is left without remedy.

If a petitioner can provide a reasonable explanation for the delay, the court may allow the matter to proceed. There’s no strict limitation for submitting such a defense — except as specified in Section 27, which relates to property.

Fact #2

According to Section 4, if the deadline to file a case falls on a court holiday, the case can be filed on the next working day.

This section is based on the principle that litigants should not be penalized for circumstances beyond their control — like court closures.

Fact #3

The starting point of limitation varies depending on the nature of the case. It may begin from:

• The date the cause of action arises
  
• The date the event leading to the legal action occurs
  
• The date a notice or summons is issued (Article 118)
  
• The date of decree or judgment (Article 115)
  

Specific timelines are provided in the Act’s Schedule.

Fact #4

Section 5 introduces the concept of “Condonation of Delay.” In certain scenarios, courts may permit a case to proceed even after the limitation period — provided the applicant demonstrates sufficient cause for the delay.

Failure to do so empowers the court to dismiss the matter.

Fact #5

As per Section 16, if the right-holder or the defendant dies before initiating or facing legal action, the limitation period starts only after a legal representative is in place.

This ensures that the right to sue or be sued isn’t lost due to unavoidable personal events like death.

Fact #6

In matters involving fraud, mistake, or deceit, the limitation period begins not when the act occurred but from the date it was discovered by the aggrieved party (Section 17).

Fact #7

Under Section 18, an acknowledgment of liability restarts the limitation clock from the date the acknowledgment is signed.

Example: A lends ₹2 lakhs to B without written proof. After two years, B issues a written acknowledgment. The limitation period starts from the date of this acknowledgment.

Fact #8

As per Section 19, in debt or legacy-related cases, the limitation resets with every payment.

Example: If interest is paid in March 2018 and again in March 2019, the limitation resets post-March 2019.

Fact #9

Section 20 allows for litigation to continue through a duly authorised agent in cases where a person is unable to file or proceed due to disability. This includes legal guardians, managers, or appointed representatives.

Fact #10

In the case of a continuing breach of contract or tort, every repeat act leads to a fresh start of limitation from that moment (Section 22).

Fact #11

For cases involving compensation for acts not actionable without damage (e.g., negligence, nuisance), the limitation period starts only after actual injury occurs (Section 23).

Fact #12

All limitation references are based on the Gregorian calendar, as clarified under Section 24.

Fact #13

Section 27 sets a key exception: in cases of adverse possession, failure to act within 12 years can result in losing property rights permanently.

Someone who occupies land uninterrupted and without legal challenge for 12 years can claim ownership.

Fact #14

Criminal cases may proceed even beyond the limitation period. Under Section 473 of the CrPC, 1973, delay can be excused if it is properly explained or necessary for justice.

Key Case References:

• Trustee’s Port of Bombay vs Premier Automobiles, AIR 1974 923
  
• Collector Land Acquisition, Anantnag v. Mst. Katiji, AIR 1987 1353
  
• New Zealand Legal Information Institute’s “Limitation Defences in Civil Cases” (2020)
  Read the report