What is the limitation period for a simple money suit?

Under Article 18 of the Limitation Act 1963, a suit for money payable for money lent has a limitation period of 3 years from the date when the money is lent.

Can the limitation period be extended?

Yes. Section 5 allows condonation of delay if sufficient cause is shown (for appeals and applications). Section 14 excludes time spent prosecuting in good faith in a court without jurisdiction. Section 18 provides that an acknowledgment in writing before expiry extends the limitation period from the date of acknowledgment.

What is the residuary article under the Limitation Act?

Article 137 is the residuary article for applications. It prescribes a limitation period of 3 years from when the right to apply accrues. Article 113 is the residuary article for suits not covered by any other article, also with a 3-year period.

Limitation Period Calculator — Limitation Act 1963

What is the Limitation Act, 1963?

The Limitation Act, 1963 is a central Indian legislation that prescribes the maximum time period within which legal proceedings must be initiated. Once the prescribed limitation period expires, the right to sue becomes time-barred, and courts will not entertain the claim.

The Act applies to all civil suits, appeals, and certain applications filed before Indian courts. It contains 137 articles in its Schedule, organized into three divisions: (1) Suits, (2) Appeals, and (3) Applications. Each article specifies the nature of the proceeding, the limitation period, and the point from which the period begins to run.

The Act replaced the earlier Limitation Act of 1908 and came into force on 1st January, 1964. It is governed by Section 3, which bars proceedings filed after the prescribed period unless saved by specific provisions like Sections 5, 14, or 18.

How to Calculate Limitation Period

Calculating the limitation period involves three steps:

Identify the applicable article — Find the article that covers your type of suit, appeal, or application from the Schedule.
Determine the starting point — Each article specifies "Time from which period begins to run." This is usually the date of the cause of action, the date of accrual of right, or the date of the decree/order.
Compute the expiry date — Add the prescribed period (years, months, or days) to the starting date. Under Section 12, the day from which the period begins is excluded from computation.

Important: Under Section 4, if the limitation period expires on a day when the court is closed, the proceeding may be filed on the next day the court reopens.

Important Sections: S.5, S.14, S.18

Section 5 — Condonation of Delay

Applies to appeals and applications (not original suits). If the appellant/applicant can show "sufficient cause" for not filing within the prescribed period, the court may admit the case after the expiry of limitation. The burden of proof lies on the person seeking condonation.

Section 14 — Exclusion of Time in Good Faith

If a person has been prosecuting a case in good faith in a court that lacked jurisdiction or had a defect of form, the time spent in such proceedings is excluded from the limitation period. This prevents injustice when litigants approach the wrong forum in good faith.

Section 18 — Acknowledgment of Liability

If before the expiry of the limitation period, the person liable makes an acknowledgment in writing signed by them or their agent, a fresh period of limitation begins from the date of the acknowledgment. This is commonly seen in debt matters where a written admission of liability extends the creditor's right to sue.

Frequently Asked Questions

What happens if limitation expires?

Under Section 3, the court is obligated to dismiss the suit, appeal, or application if it is filed after the prescribed period, even if the defendant does not raise the defence of limitation. Limitation goes to the root of the remedy.

Does limitation apply to criminal cases?

The Limitation Act, 1963 applies only to civil proceedings. Criminal cases are governed by the Code of Criminal Procedure (CrPC), which has separate provisions for limitation of complaints and prosecutions.

Can limitation be waived by consent?

No. Limitation under Section 3 is a matter of law, not of consent. The parties cannot agree to extend or waive the limitation period. However, an acknowledgment under Section 18 can create a fresh starting point.

What is the residuary article?

Article 113 is the residuary article for suits (3 years), and Article 137 is the residuary article for applications (3 years). These apply when no other specific article covers the case.

Does Section 5 apply to original suits?

No. Section 5 (condonation of delay) applies only to appeals and applications, not to original suits. However, certain special statutes may have their own condonation provisions for suits.

What is the limitation for possession of immovable property?

Under Article 65, a suit for possession of immovable property based on title has a limitation period of 12 years from the date when possession becomes adverse. For government property (Article 112), the period is 30 years.

Limitation Period Calculator

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