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
Article 74 for compensation for malicious prosecution
1 year when the plaintiff is acquitted or prosecution is otherwise terminated
75 for compensation for l i b e l
One year when the l i b e l is published
Article 76 for compensation for Slender
1 year from when the words are spoken or if the words are not actionable in themselves when the special damaged complained of results
In part 7 suits relating to taught in total articles 72 to 91 but in articles 72 to 81 what is the period of limitation
1 year
In part 7 suits relating to t o r t articles 85 to 91 has period of limitation of
3 years
Article 84 against one who having a right to use property for specific purpose perverts it to other purposes
2 years from when the perversion first becomes known to the person enjoyed there by
Article 85 for compensation for obstructing away or water course
3 years from the date of obstruction
Article 86 for compensation for diverting water course
3 years from the date of diversion
Article 87 for compensation for trespass Upon A movable property
Section 441-452 many more others but aggravated and combined
3 years from the date of trespas
Article 90 for compensation for injury caused by an injunction wrong fully obtained
3 years
from when the injunction ceases
of Specific Relief Act
Injunctions chapter 7 and chapter 8 in part 3 Section 36 to Section 42
CPC
Order 39 R 1-5 r/w Chapter 6 supplementary processedings section 94 (c) and section 95
Section 91 for compensation for Round fully taking or detaining any specific movable property loss for acquired by theft or dishonest miss appropriation or conversion
91 part a
3 years from when the person having right to position of the property first Learns in whose person it is
91 B compensation for wrongfully taking or injuring a wrongfully detaining any specific movable property
3 years from when the property is wrongfully taken or enjoy or when the detainerson becomes unlawful
Article 92 to recover possession of immovable property conveyed or Bequeath in trust and then transferred for consideration
12 years from when transfer becomes known
Article 94 to set aside transfer of immovable property comprised in Hindu Muslim or Buddhist religious or charitable endowments made by manager there of for a valuable consideration
3 years from when the transfer becomes known to the plaintiff
Similar to 95 94 to set aside transfer of movable property comprised in Hindu Muslim or Buddhist religious or charitable endowments made by manager there of for a valuable considerationbut
for movable property it is 3 years from when the transfer becomes known to the plaintive
Article 97 to enforce a right of preemption whether the right is founded on law or general usage or special contract very very important
1 year from when the purchase a takes under the sales out to be impeached physical position of the whole or part of the property sold or wear subject matter of the cell does not admit of physical position of the Holo any part of the property when the instrument of the cell is registered
Article 102 suit for property which the plative has conveyed while insane
3 years from when the plaintiff is restored to sanity and his knowledge of the conveyance
Article 105 suit by a Hindu for arreas of maintenance
3 years from when the areas are payable
Article 107 for the possession of hereditary office
12 years from when the defendant takes possession of office adversely to the plaintive
109 suit by Hindu goverNED by mitakshara law to set a side his father’s alienation of ancestral property
12 years from when alienee takes possession of the property
111 suit by on the behalf of any local authority for possession of any public Street or road or any part there of from which it has been disposessed or of which it has discontinued The Possession
30 years from the date of disposition or discontinuous
Part 10 of first division last article last part article 113 any suit for which no period of limitation is provided as where in the schedule
3 years from when the right to see your Cruise
Second division appeal article 114 appeal from an order of acquittal a under subsection 1 and subsection 2 of section 417 of CrPC 1898 it is
Right now it is section 378 of CRPC appeals in case of acquittal
90 days from the date of order appeal from
Article 116 suit under CPC a to a high court from any degree order section 100 of CPC order 42
90 days from the date of degree or order
Appeal under CPC B to any other code from any decree or order
30 days from the date of degree or order
Article 117 appeal from a degree or order of any High Court to the same High Court section 100 order 42 CPC
30 days from the date of degree or order
Division 3 applications- Part 1 applications in specified cases
Article 118 for leave to appear and defend suit under summary procedure
10 days from when the summons are soft
Any question related to water the period of limitation will be
3 year
as has been provided under part 7 suit relating to torr article 85 to 91
Part 6 suits related to movable property anywhere movable property return the periodd of limitation will be
3 years
68 to 71
In part 5 suits relating to immovable property
Everywhere the period of limitation is
Wherever confused relating to immovable property simply mark 12 years accept the two exceptions
12 years**
except 1- in case of redemption by mortgager 61a and foreclosure by mortgage 63a it is 30 years
Excep 2 And to recover surplus collection received by mortgagee after the mortgage has been satisfied period of limitation is 3 years
Exception 3 is- article 87 provided under part 7 which is tresspass upon immovable property period of limitation is 3 years - can be rememberd by the fact that trespass is a taught and taught only has three categories 1 2 and 3 years
Trust and trust property provided under part 8 of division 1
Wherever trust Plus immovable property the period of limitation will be
12 years
Trust and trust property provided under part 8 of division 1
Wherever trust Plus movable property the period of limitation will be
3 Years
Except article 99 which is sale for arrears of government revenue (which is not even going to ask in exams)
Wherever the word ARREARS wr. POL
3 yrs
Article 112 any suit by on the behalf of Central Government or State Government including government of Jammu and Kashmir
Period of limitation is 3 years
from when the period of limitation would begin to run under this section against a like suit by the private person
Article 116 under CPC
A. To High Court from any degree or order
Be. To any other code from any decree ur order
A. 90 days
B. 30 days
From the date of degree or order
Article 117 from the degree or order of any High Court to the same court
30 days from the date of the decree or order
Article 120 under CPC to have a legal representative of the disease plaintive or appellant or a disease defendant or respondent be made a party the period of limitation is
90 days from the date of death of the plaintiff appellant defendant or respondent as the case maybe
121 under CPC for order to set aside an abatement
60 days from date of abatement
122 to restore a suiter appeal or application for review or revision dismiss for default of appearance of want of prosecution or failure to pay cost of service of the process or to furnished security for cost
limitation 30 days from the date of dismissal
Article 123 to sET ASIDE a decree passed eX party or to rehear appeal decreed or hard X party
Limitation 30 days
from the date of the degree or where the summons or notice was not served duly when appellant head knowledge of decrease
124 for a review of judgement by the court other than supreme Court
30 days from the date of degree or order
127 to satisfied a sale in execution of degree including any such application by judgement debtor
60 days from the date of sale
130 for leave to appeal as a pauper
A. to High Court
b to any other code
A 60 d
B 30 d
131 to any Court for exercise of its power of revision under the civil procedure code or code of criminal procedure 1898
Period of limitation is 90 days from the date of degree or order or sentence_ sounght to be revised
132 to High Court for a certificate of fitness of appeal to supreme court under article 132 clause 133, 134 1 c of constitution or under any other law for the timing in force
60 days the date of degree order or sentence
135 for enforcement of decree granting a mandatory injunction
3 years from the date of degree or we are a date is fixed for performance such
136 for execution of any degree other than degree granting a mandatory injunction or order of any civil Court
12 years when the degree or order becomes enforceable
Part 2 of 3rd division other applications article 137 any other application for which no period of limitation is provided as were in this division
3 years when the right to apply a c$
