Introduction And Basics

Question 1

How many section are there in limitation act

Answer 1

32 sections total of which two are repeal so now 30
The two which are repealed are in part 5 miscellaneous- section 28 and 32

Question 2

Date of enactment of limitation act

Answer 2

5th October 1963

Extra
Another act which came into force in 1963 is specific relief Act which was enacted on 13th of December 1963 and comments on 1st of March 1964

Question 3

Date of commencement of limitation act

Answer 3

1st of January 1964
Date of commencement of specific relief Act is first of March 1964

Question 4

How many articles are there in the schedule of limitation act

Answer 4

Total of 137 articles
Divided in 3 divisions:
First division-10 parts
Second division-Article 114 to 117
Third division- 2 parts,
1st- article 118-136; 2nd- 137

Question 5

Second division of schedule is on

Answer 5

Appeals

Question 6

3rd division of schedule

Answer 6

Application

Question 7

First division of Schedule related to ?

Answer 7

ACDDIMTTMp

1. Suit relating to accounts
2. Suit relating to contracts
3. Declarations
4. decree and instruments
5. immovable property
6. movable property
7. tort
8. trust and Trust property
9. miscellaneous matters
10. Suits for which there is no prescribed period

Question 8

Article 137 of the schedule

Answer 8

Any other application for which no period of limitation is provided elsewhere in this division.
period of limitation is 3 years commence is from the date when the right to apply accrues

Question 9

What are the two residuary articles in the schedule to the limitation act

Answer 9

Article 113 provides for
any suit for which no period of limitation is provided elsewhere in the schedule- period of limitation is 3 years and begins when the right to sue accrues.

Article 137
any other application for which no period of limitation is provided elsewhere in the division
3 years
Time begins when the right to apply accrues

Question 10

Why is the period of limitation longer for suits and smaller for appeals

Answer 10

Because filing of a suit initiate the proceedings
but in appeal it is the continuence of suit it can be filed where the suit is subjudice if appeal period of limitation is a long period it will cause unnecessary extension of suit and would defeat the interest of justice since the suit finally concludes only after the expiry of the period of limitation for filing appeal. Hence appeal limitation period is smaller for the purpose of speedy justice and disposal of suit.

Question 11

What provisions of limitation act provides for exceptions

Answer 11

Sections 4 to 11:
4. Expiry of prescribed period when court is closed.
5. Extension of prescribed period in certain cases.
6. Legal disability.
7. Disability of one of several persons.
8. Special exceptions.
9. Continuous running of time.
10. Suits against trustees and their representatives.
11. Suits on contracts entered into outside the territories to which the Act extends.

Question 12

Which sections provide for exclusions

Answer 12

Section 12 to 24

PART III
COMPUTATION OF PERIOD OF LIMITATION
12. Exclusion of time in legal proceedings.
13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for.
14. Exclusion of time of proceeding bona fide in court without jurisdiction.
15. Exclusion of time in certain other cases.
16. Effect of death on or before the accrual of the right to sue.
17. Effect of fraud or mistake.
18. Effect of acknowledgment in writing.
19. Effect of payment on account of debt or of interest on legacy.
20. Effect of acknowledgment or payment by another person.
21. Effect of substituting or adding new plaintiff or defendant.
22. Continuing breaches and torts.
23. Suits for compensation for acts not actionable without special damage.
24. Computation of time mentioned in instruments.

Question 13

What happens if there is an interplay of both exceptions and exclusions

Answer 13

If that happens that exception follows the exclusion and so that exclusion is applied first and then the exception is applied.

Question 14

Is limitation act procedural or substantive

Answer 14

Limitation is essentially procedural it AIDS CPC and is complementary to CPC.
But one aspect of limitation act also acts as substantive law - by section 27 r/w A. 65 which provides for extinguishment of right to property and creates a substantive legal right of ownership and possession in the favour of a person who is an adverse party so section 27 is called as an substantive legal provision.
and to that extinct limitation law is also substantive law.
Sir has made us right it is procedure law procedural law means or a k a adjective law.

Question 15

Does limitation act applies on criminal procedure code as well

Answer 15

No it only applies and complements CPC civil procedure.
The limitation act does not apply on CRPC. The limitation period is already provided under Chapter 36 of CRPC.

CrPC Section 467. Definitions
CrPC Section 468. Bar to taking cognizance after lapse of the period of limitation
CrPC Section 469. Commencement of the period of limitations
CrPC Section 470. Exclusion of time in certain cases
CrPC Section 471. Exclusion of date on which court is closed
CrPC Section 472. Continuing offence
CrPC Section 473. Extension of period of limitation in certain cases

Question 16

Does limitation act apply on in cases of violation of fundamental right to file a writ in supreme Court?

Answer 16

No the limitation act does not apply on fundamental rights violation but there in the doctrine of laches apply.

Question 17

What is meant by doctrine of pari materia

Answer 17

Pari = same
materia = material
Doctrine of pari materia also called as doctrine of incorporation by reference.
Means where certain terms are not defined in an act their meaning is taken from any other law which defines those terms to which it relates ex - CPC, TPA etc.

Question 18

Can parties by mutual agreement increase or decrease limitation period

Answer 18

No
The parties cannot do that Indian contract act section 28 and 23 provides for same.
Section 28 agreement in restraint of legal proceedings is void so if limitation period provided is 3 years, if decreased to 6 months by mutual agreement then, that agreement will be in restraint of legal proceedings hence will be void.
Section 23 ICA makes void if by mutual consent the decided to increase period of limitation then such agreement will be against public policy and this void under 23.

Question 19

Can courtt in exercise of inherent power increase or decrease limitation period

Answer 19

No since it is a clear mandate of law as per limitation act to have a particular limitation period the court cannot in exercise of inherent power under section 151 CPC cannot change the limitation period provided by limitation act.(or 482 CRPC for ch 36 , in crpc can do in 472 in certain cases).

But can condom the delay in cases of appeal or application under section 5 condonation of delay but not of suit. To pass any order to meet the ends of justice.
SCunder article 142 supreme Court can condone any delayy in interest of justice