Section 23. Suits for compensation for acts not actionable without special damage
In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results.
Illustration – A owns the surface of a field. B owns the subsoil. B digs coal thereout without causing any immediate injury to the surface, but surface subsides. The period of limitation in the case of a suit by A against B runs from the time of the subsidence [Backhouse v. Bonomi (1858) 9 HLC 503]
Section 24. Computation of time mentioned in instruments
All instruments shall for the purposes of this Act be deemed to be made with reference to the Gregorian calendar.
Illustrations – (1). A Hindu makes a promissory note bearing a native date only, and payable four months after date. The period of limitation applicable to a suit on the note runs from the expiration of four months after date computed according to the Gregorian calendar.
The Section creates no presumption as to the date of documents, but merely provides that periods of limitation shall be worked out according to the Gregorian calendar.
If a starting point is to be calculated as so many months or so many years from a particular date, the point must be calculated according to the Gregorian calendar. But, if the starting point is otherwise fixed by the stipulation itself, as for instance, where the intention was that the interest should be payable at the expiry of six months according to the Hindu Calendar (i.e. on a particular date, and not at the expiry of six months) and that the cause of action should arise on default, this section is not applicable.
