Published on: 22 Feb, 2026 17:10 IST
If you’ve ever had a case thrown out on limitation grounds, you know it’s one of those procedural pitfalls that can sink even the strongest merits. The Limitation Act, 1963, is our bible for this it’s not just about barring stale claims but ensuring justice doesn’t drag on forever. I’ve put together this article based on a handy flyer summary I came across, cross-checked with the Act itself and recent case law. Think of it as a quick refresher with practical tips to help you avoid those dreaded “time-barred” dismissals. We’ll cover key periods, computation nuances, condonation strategies, and some Supreme Court insights to keep your practice sharp.
Why Limitation Matters: A Quick Recap
The Limitation Act, 1963, consolidates the law on time limits for suits, appeals, and applications. Enacted to promote diligence and prevent endless litigation, it applies across India (including J&K post-2019). Section 3 mandates dismissal of any proceeding filed after the “prescribed period,” even if limitation isn’t pleaded as a defense. But remember, it’s a bar to remedy, not the right itself—your client’s substantive claim lives on, just unenforceable in court.
The Schedule divides periods into suits (mostly 1-30 years), appeals (30-90 days typically), and applications (varying). Periods start from the “cause of action” accrual, but Sections 4-24 offer extensions or exclusions for disabilities, acknowledgments, fraud, etc. Pro tip: Always calculate from the exact trigger date—missteps here are common appeal fodder.
Key Limitation Periods: A Tabular Breakdown
Based on the flyer and verified against the Act’s Schedule (from official sources like India Code and Supreme Court judgments), here’s a consolidated table of common civil and criminal proceedings. I’ve noted any flyer quirks and corrections for accuracy—e.g., execution of decrees is actually 12 years under Article 136, not 30 days (that might refer to specific summons responses or a mix-up). Focus on these for everyday practice in district courts, high courts, and the Supreme Court.
| Proceeding | Limitation Period | Starting Point | Key Notes/Articles |
|---|---|---|---|
| Civil Appeals | |||
| Regular civil appeal (from District/Subordinate Court) | 30 days | Date of decree/order | Art. 116; Common for first appeals to District Judge. |
| First appeal to High Court | 90 days | Date of decree/order | Art. 116(a); Standard for appeals from original decrees. |
| Second appeal to High Court | 90 days | Date of appellate decree | Art. 116(a); For substantial questions of law. |
| Appeal from High Court order | 60 days | Date of order | Varies by context; e.g., under CPC Order 41. |
| Civil revision (High Court) | 90 days | Date of order | Art. 131; Discretionary, not a right. |
| Civil appeal to Supreme Court | 60 days (for certificate appeals); 90 days for SLP | Date of judgment | Art. 133; SLPs under Art. 136 Constitution often get condonation leeway. |
| Suits | |||
| Recovery of money (e.g., loans, debts) | 3 years | Date when due or default | Art. 19/21; Acknowledgment resets clock (Sec. 18). |
| Breach of contract | 3 years | Date of breach | Art. 55; Partial payments extend (Sec. 19). |
| Specific performance of contract | 3 years | Date of refusal/notice | Art. 54; Time-bound contracts start from fixed date. |
| Possession of immovable property | 12 years | Date of dispossession/adverse possession | Art. 64/65; Government suits: 30 years (Art. 112). |
| Execution of decree | 12 years | Date decree enforceable | Art. 136; Not 30 days—flyer likely errs; time for steps post-summons is separate under CPC. |
| Special Acts | |||
| Consumer complaint (CPA, 2019) | 2 years | Date of cause of action | Sec. 69 CPA; Extendable for “sufficient cause” up to total 90 days delay? Flyer notes extendable to 90 days—check forum rules. |
| Fatal Accidents Act claim | 2 years (no fixed limit per Act, but often 2-3 years applied) | Date of death | Art. 82; Flyer says 2 years—aligns with tort claims. |
| Motor accident claim (MV Act) | No statutory limitation | N/A | Flyer notes “no statutory limitation (delay may still affect results)”; Tribunals can condone, but prompt filing advised to preserve evidence. |
| Criminal Appeals/Revisions | |||
| Appeal against conviction (Sessions Court) | 30 days | Date of judgment | Sec. 374 CrPC + Art. 115. |
| Appeal against conviction (High Court) | 60 days | Date of judgment | Sec. 374 CrPC + Art. 114. |
| Criminal revision | 90 days | Date of order | Art. 131; High Court’s suo motu power unlimited. |
| Government appeal against acquittal | 90 days (or 6 months if public servant) | Date of order | Sec. 378 CrPC; Liberal condonation for state. |
| Other Common | |||
| Issuance of legal notice after cheque dishonor | Within 30 days | Date of dishonor notice | Sec. 138 NI Act; Flyer says with 15-day notice—yes, demand notice within 30 days of bounce info. |
| Filing complaint under Sec. 138 NI Act | Within 30 days after expiry | End of 15-day notice period | Flyer matches: Within 30 days with 15-day notice. |
These are generalizations—always cross-reference the Schedule for specifics. For instance, torts like personal injury are 1 year (Art. 72), while declarations are 3 years (Art. 58). If your case involves special laws (e.g., Arbitration Act: 90 days for appeals), those override unless specified.
Computing Limitation: Don’t Get Tripped Up
Calculation isn’t always straightforward. Section 12 excludes the day the cause accrues and time for obtaining certified copies (for appeals). Sections 6-8 cover disabilities (minority, insanity)—extend by the disability period. Fraud or mistake (Sec. 17) starts the clock from discovery. Acknowledgments in writing (Sec. 18) or part-payments (Sec. 19) refresh the period.
Practical tip: Use a limitation calculator app or spreadsheet. Document every step—e.g., if COVID extensions apply (SC orders from 2020-2022 excluded periods). Common error: Forgetting weekends/holidays (Sec. 4: If last day is court-closed, file next open day).
Condonation of Delay: Your Safety Net (But Not a Free Pass)
Section 5 is the hero here: Courts can admit delayed appeals/applications if “sufficient cause” is shown. The flyer notes it’s discretionary, not a right—and spot on. “Sufficient cause” means genuine, not negligent reasons (e.g., illness, wrong advice, but not “file got lost in office”).
Recent SC judgments emphasize strict scrutiny, especially for government litigants:
- In Postmaster General v. Living Media India Ltd. (2012), SC refused 427-day delay, slamming bureaucratic excuses in the tech era.
- University of Delhi v. Union of India (2020): 916-day delay not condoned; public bodies aren’t exempt.
- But in Collector, Land Acquisition v. Mst. Katiji (1987), a liberal view: No “third umpire” for short delays if bona fide.
- Latest: Shivamma v. Karnataka Housing Board (2025)—Explain every day of delay; no blanket excuses. And Mool Chandra v. Union of India (2025): Length isn’t key; sufficiency is.
For lawyers: File condonation apps with affidavits detailing day-by-day reasons. If government client, push for internal accountability—SC’s getting tougher on state lethargy (e.g., Inder Singh v. State of Madhya Pradesh, 2025: Liberal for public land disputes but with costs). Costs are common now to deter delays.
Tips for Your Practice
Ethics Angle: Don’t file hopeless delays—Bar Council frowns on frivolous litigation.
Early Screening: At intake, flag limitation—ask for timelines, docs. Better to advise no-go than face malpractice claims.
Plead It Right: If defending, raise limitation early (prelim issue under CPC Order 7 Rule 11). On offense, preempt with Sec. 5 grounds.
Tech Tools: Use e-filing portals’ reminders; integrate with case management software.
Stay Updated: No major amendments since 1963, but watch for special law changes (e.g., CPA 2019 tightened consumer timelines).
Here is the Complete Limitation Act- Read