Law Faculty

Section 25. Acquisition of easement by prescription (1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years,…

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,…

Section 21 Effect of substituting or adding new plaintiff or defendant (1) Where after the institution of a suit, a new plaintiff or, defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted…

Section 20 – Effect of acknowledgement or payment by another person– (1) The expression “agent duly authorised in this behalf” in sections 18 and 19 shall, in the case of a person under disability, include his lawful guardian, committee or…

Section 19. Effect of payment on account of debt or of interest on legacy Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable…

Section 18. Effect of acknowledgement in writing– (1) Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgement of liability in respect of such property or right has…

Section 17. Effect of fraud or mistake (1) Where, in the case of any suit or application for which a period of limitation is prescribed by this Act- (a) the suit or application is based upon the fraud of the…

Section 16. Effect of death on or before the accrual of the right to sue – (1) Where a person who would, if he were living, have a right to institute a suit or make an application dies before the…

Section 15 Exclusion of time in certain other cases (1) In computing the period of limitation of any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order,…

Section 14. Exclusion of time of proceeding bona fide in court without jurisdiction (1) In computing the period of limitation for any suit the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in…

COMPUTATION OF PERIOD OF LIMITATION Sections 12 to 18 of the Limitation Act deals with the computation of periods of limitation. What days or periods have to be excluded from calculation of period of limitation is provided in these sections.…

Section 8 Special Exceptions Section 8 Special Exceptions: Nothing in Section 6 or in Section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend for more than three years from the cessation of disability…

Section 7. Disability of one of several persons Section 7. Disability of one of several persons Where one of several persons jointly entitled to institute a suit or make an application for the execution of a decree is under any…

Section 6. Legal disability Section 6. Legal disability (1) Where a person entitled to institute a suit or make an application for the execution of a decree, is at the time from which the prescribed period is to be reckoned,…

Section 5. Extension of prescribed period in certain cases: Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908, may be, admitted after the prescribed period,…

Section 3. Bar of limitation (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as…

CONTRACTS CURTAILING THE PERIOD OF LIMITATION H.P. State Forest Co. v. M/s United India Insurance Co., the Limitation Act provided three years period but parties provided in an agreement, a period of 12 months. The Supreme Court said that argument…

LIMITATION & ESTOPPEL Limitation & Estoppel are entirely different things. Though the operation of each is to prevent a party from asserting his right at law. In the case of limitation by shutting out a suit & in the case…

LIMITATION AND LACHES Laches means slackness or negligence in asserting one’s right. The doctrine of laches is based on the principle ‘delay defeats equity’. Delay in seeking equitable remedy is technically known as laches.  Doctrine of limitation is based on…

SCOPE OF LIMITATION ACT 1. Exhaustive Code 2. Bars the remedy but does not extinguish the right. 3. Does not apply to defence, exception S. 25, 27 – cannot be taken even in defence Limitation Act, 1963 is applicable to…

OBJECT OF LAW OF LIMITATION Basically, all laws of limitation are founded on public policy & expediency. – John Voet 1. vigilantibus non dormientibus jura subveniunt – Equity comes to the aid of the vigilant & not those who sleep…

LIMITATION BARS THE REMEDY & NOT THE RIGHT In this statement, the word “right” is used to mean a primary & substantive right. In the wider sense of the word, remedy is also a right but a secondary right, a…