Schedule Flashcards
How many articles are there in the schedule of limitation act
137 articles
How many divisions are there in limitation act name them
Three division
first division - suits 1-113
second division- appeals 114-117
third division applications 118-137
How many parts in division 1
10 parts a c d d i m t t m N
accounts 1-5
contracts 6 to 55
declarations 56 to 58
decree and instrument 59 to 60
Immovable property 61 to 67
movable property 68 to 71.
Tort 72 to 91
trust and trust property 9/96
miscellaneous matters 97 to 112 and
where no prescribe period 113 period is 3 yrs
For part 1 to part 4 of first division article 1-60
the period of limitation is
3 years
What is part 1 and part 2 of third division applications
Part 1 prescribe period in specified cases article 118 to 136
part 2 prescribe period for other applications article 137 prescribe period is 3 years
Article 3
By a principal against his agent for
movable property received by the
latter and not accounted for.
A. 4
Other suits by principals against
agents for neglect or misconduct.
A 5
For an account and a share of the
profits of a dissolved partnership.
A 25
For money payable for interest
upon money due from the
defendant to the plaintiff.
A 27 r/w 32 ica
For compensation for breach of a
promise to do anything at a
specified time, or upon the
happening of a specified
contingency.
42 r/w 140&145 ica
By a surety against the principal
debtor.
By a surety against a co-surety.
Article 43 read with section 147 and 146 of Indian Contract Act
A. 52
For arrears of rent.
For specific performance of a
contract.
A 54
3 years
From date fix for performance or if no date fixed from the date when plaintiff has notice that performance is refused
For compensation for the breach of
any contract, express or implied
not herein specially provided
for.
Article 55
3 years when the contract is broken
To obtain any other declaration
Article 58 can be Red with Chapter 6 sra section 34 to 35
A. 59
To cancel or set aside an instrument
or decree or for the rescission of
a contract
To cancel or set aside an instrument
or decree or for the rescission of
a contract
rw. Section 31 to 33(ch 5) and section 28 of SRa
Article 60 very important in two parts A and B
B further has two parts
Is read with section 6 and 8 of limitation act
To set aside a transfer of property
made by the guardian of a
ward—
(a) by the ward who has attained
majority;
Three years. When the ward attains majority.
(b) by the ward‟s legal
representative—
(i) when the ward dies within
three years from the date of
attaining majority.
Three years. When the ward attains majority.
(ii) when the ward dies before
attaining majority.
Article 61
By a mortgagor—
(a) to redeem or recover
possession of immovable
property mortgaged;
Thirty years. When the right to redeem or to recover possession accrues.
(b) to recover possession of
immovable property mortgaged
and afterwards transferred by
the mortgagee for a valuable
consideration;
Twelve years. When the transfer becomes known to the plaintiff.
(c) to recover surplus collections
received by the mortgagee after
the mortgage has been
satisfied.
62
To enforce payment of money
secured by a mortgage or
otherwise charged upon
immovable property.
12 years
When money suit for becomes do
Article 64
For possession of immovable
property based on previous
possession and not on title, when
the plaintiff while in possession
of the property has been
dispossessed.
Twelve years.
The date of dispossession.
Article 65
For possession of immovable
property or any interest therein
based on title.
Explanation.—For the purposes of
this article—
(a) where the suit is by a
remainderman, a reversioner
(other than a landlord) or a
devisee, the possession of the
defendant shall be deemed to
become adverse only when the
estate of the remainderman,
reversioner or devisee, as the
case may be, falls into
possession;
(b) where the suit is by a Hindu
or Muslim entitled to the
possession of immovable
property on the death of a
Hindu or Muslim female, the
possession of the defendant
shall be deemed to become
adverse only when the female
dies;
(c) where the suit is by
a purchaser at a sale in
execution of a decree when the
judgment-debtor was out of
possession at the date of the
sale, the purchaser shall be
deemed to be a representative
of the judgment-debtor who
was out of possession.
Twelve years. When the possession of the defendant
becomes adverse to the plaintiff.
Suit by a mortgagor to redeem or recover possession of immovable property mortgage
Article 61 a 30 years
Suit by mortgager
b. to recover possession of
immovable property mortgaged
and afterwards transferred by
the mortgagee for a valuable
consideration;
Article 61b-12 years from when the transfer becomes known to the plaintiff
Suit by mortgagor
(c) to recover surplus collections
received by the mortgagee after
the mortgage has been
satisfied.
Article 60 c
Three years. When the mortgagor re-enters on the
mortgaged property.
Suit to enforce payment of money secured by mortgage or otherwise charged upon immovable property
Article 62Twelve years. When the money sued for becomes due.
Suit by mortgagee
For four closure
- By a mortgagee—
(a) for foreclosure;
Thirty years.
When the money secured by the mortgage
becomes due.
Buy a mortgagey for possession of immovable property
for possession of immovable
property mortgaged.
Twelve years. When the mortgagee becomes entitled to
possession
Article 68
For specific movable property lost or required by theft or dishonest missappropriation or conversion
Three years. When the person having the right to the
possession of the property first learns
in whose possession it i
Article 72 for compensation for doing or omitting to do an act allows to be in persuance of any enactment in Force for the time being in the territories to which this act extends
One year. When the act or omission takes place.
Article 73 for compensation for Falls imprisonment
1 year from the date when the imprisonment ends