 the limitation bill, 1960(to be introduced in lok sabha)  part i preliminary ciauses1 short title, extent and commencement 2 definitions part ii  limitations of suits, appeals and applications 3 bar of limitation4 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 foreign contracts  part iii computation of period of limitation12 exclusion of time in legal proceedings 13 exclusion of time of proceeding bona fide in court without jurisdiction 14 exclusion of time in certain other cases· 15 effect of death on or before the accrual cf the right to sue 16 effect of fraud or mistake 17 effect of acknowledgment in writing 18 effect of payment on account of debt or of interest on legacy 19 effect of acknowledgement or payment by another person 1629 (b) ls-l  clauses20 effect of substituting or adding new plaintiff or defendant 21 continuing breaches and torts 22 suits for compensation for acts not actionable without special damage 23 computation of time mentioned in instruments  part iv acquisition of ownership by possjrbsion24 acquisition of easements by prescription 25 exclusion in favour of reversioner of servient tenement 26 extinguishment of right to property  part v miscellaneous27 amendment of certain acts 28 savings 29 provision for suits, etc, for which the prescribed period is shorter than the period prescribed by the indian limitation act, 1908 30 provisions as to barred or pending suits, etc 31 repeal the schedule-prescribed periods  tile limitation bill, 1960 (to be introduced in lok sabha) a billto consolidate and amend the law for the limitation of suits and  other proceedings and for purposes connected therewith be it enaeted by parliament in the eleventh year of the, repubuc of india as follows:- part i preliminarys 1 (1) this act may be called the limitation act, 1960 short title, extent lid (2) it extends to the whole of india except the state of jammu commen,;ed k hmir ment an as  (3) it shall come into force on such date, as the central government may, by notification in the official gazette, appoint z in this act, unless the context otherwise requires,-[0 deftnitiona (a) "applicant" includes-(i) a petitioner, (ii) any person from or through whom an applicant derives his right to apply; 15 (iii) any person whose estate is represented by the applicant as executor, administrator or other representative; (b) "application" includes a petition; (c) "bill of exchange" includes a hundi and a cheque; (d) ''bond'' includes any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be; 5 (e) "defendant" includes-(i) any person from or through whom a defendant derives his liability to 'be sued; (ii) any person whose estate is represented by the defendant as executor, administrator or other representative; 10 (1) "easement" includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting upon, the land of another; is (g) "foreign country" means any country other than india; (h) "good faith" nothing shall be deemed to be done' in good faith which is not done with due care and attention; (i) "plaintiff" includes-(i) any person from or through whom a plaintiff derives 20 his right to sue; (ii) any person whose estate is represented by the plaintiff as executar, administrator or other representative; (j) "prescribed period" means the period of limitation prescribed for any suit, appeal or application by the schedule 25 and computed in accordance with the provisions of this act; (k) "promissory note" means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight; (1) "suit" d~ not include an appeal or an application; 30 (m) "tort" means a civil wrong which is not exclusively the breach of a contract or the breach of a trust; (n) "trustee" does not include a benamidar, a mortgagee remaining in possession after the mortgage has been satisfied or a person in wrongful possession without title 3s  lnntation of suits, appeals and applications3 (1) subject to the provisions contained in sections 4 to 23 bar of uml-(inclusive), every suit instituted, appeal preferred, and application ution s made after the prescribed period ghall be dismissed, although limitation has not been set up as a defence (2) for the purposes of this act,-(a) a suit is instituted,-10 (i) in an ordinary case, when the plaint is presented to the prope·r ofrcer; (ii) in the case of a pauper, when his application for leave to sue as a pauper is made; and (iii) in the case of a claim against a company which is being wound up by the court, when the claimant first sends is in his claim to the official liquidator;  (b) any claim by way of set off or counter claim, which shall be treated as a separate suit, shall be deemed to have been instituted-(i) in the case of a set off, on the same date as the· suit in which the set off is pleaded; (ii) in the case of a counter claim, on the date on which the counter claim is made in court; (c) an application by notice of motion in a high court is made when the application is presented to the proper ofrcer of 2s that court  i  wher~ the prescribed period for any suit, appeal or applica- expil1:bed°f  '  presln tion expires on a day when the court is closed, the suit, appeal or period whea application may be instituted, preferred or made on the day when ~o~~ is the court re-opens , of 1908 5 any appeal or any application, other than an application under extenai~ 30 - f c '1 p d of prescnbed an of the provisions of order xxi of the code 0 ivl rcce ure, period in 1958 may be admitted after the pre6cribed period if the appellant or certain casci th ~pplicant satisfies the court that he had sufficient cause for not pr:ferring the appeal or making the application within such period explanation-the fact that the appellant or the applicant was misled by any order, practice or judgment of the high court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section lepl disability 6 (1) where a person entitled to institute a suit or make an appli-5 cation for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time specified therefor in the third column 10 of the schedule (2) where such person is, at the time from which the prescribed period is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same is period after both disabilities have ceased, as would otherwise have been allowed from the time so specified (3) where the disability continues up to the death of that person, his legal representative may institute the suit qr make the application within the same period after the death as would otherwise have 20 been allowed from the time so specified (4) where the legal representative referred to in sub-section (3) is, at the date of the death of the person whom he represents, affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply 2s (5) where a person under disability dies after the disability ceases but within the period of limitation allowed to him under this section, his legal representative may institute the suit or make the application within the same period after the· death as would otherwise have been available to that person had he not died 30 dila"iuty of 7 where one of several persons jointly entitled to institute' a one of suit or make an application for the execution of a decree is under ~= any such disability, and a discharge can be given without the concurrence of such person, time will ron against them all; but, where no such discharge can be given, time will not run as against any of 3s them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased explanation i-this section applies to a discharge from eve1'7 kind of liability, including a liability in respect of any immovable 40 property  ~planation h-for the purposes of this section, a discharge from liabllity can be given by the manager of a hindu undivided family governed by the mitakshara law without the concurrence of the other members of the family only if he is both the de jure and de 5 facto manager of the family 8 nothing in section 6 or in section 7 applies to suits to enforce speci~ rights of pre-emption, or shall be deemed to extend, for more than exceptiona three years from the cessation of the disability or the death of the person affected thereby, the prescribed period for any suit or appli-10 cation 9 where 'once time has begun to run, no subsequent disability ~~uouf or inability to institute a suit or make an application stops it: ~e " 0 provided that, where letters of administration to the estate of a creditor have been granted to his debtor, the running of the pres-is cribed period for a suit to recover the debt shall be suspended while the administration continues 10 notwithstanding anything contained in the foregoing provi- ~r~~:rt: sions of this act, no suit against a person in whom property has their repbecome vested in trust for any specific purpose, or against his legal rebentativea 20 :representatives or assigns (not being assigns for valuable consideration) , for the purpose of following in his or their hands such property, or the proceeds thereof, or for an account of such property or proceeds, shall be barred by any length of time explanation-for the purposes of this section any property com-25 p:rised in a hindu, muslim or buddhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose and the manager of the property shall be deemed to be the trustee thereof 11 (1) suits instituted in the territories to which this act ex- suit, on d  t' f' t h ii be b- foreign 30 tends on contracts entere mom a orelgn cowl ry s a su contra~ta ject to the rules of limitation contained in this act (2) no foreign rule of limitation shall be a defence to a suit instituted in the said territories on a contract entered into in a foreign country unless the rule has extinguished the contract and the parties 35 were domiciled in such country during the period prescribed by such rule (3) this section applies to contracts entered into in the state of jammu and kashmir as it applies to contracts entered into in a foreign country  part iii computation of period of limitation='1nio~ l2 (1) in computing the prescribed period for any suit, appeal pioceedinp or application, the day from which such period is to be reckoned, shall be excluded, 5 (2) in computing the prescribed period for an appeal or an appliaction for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shell be ex- 10 eluded (3) where a decree or order is appealed from or sought to be revised or reviewed, or where an appiication is made for leave to appeal from a decree or order, the time requisite for obtaining a c:)py of the judgment on which the decree or order is founded shall is a lso be excluded ' (4) in computing the prescribed period for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded explanation-in computing under this section the time requisite 20 for obtaining a copy of a decree or an order, any time taken by the court to prepare the decree or order before an application for a copy the reof is made shall not be excluded =!~rn r:f 13 (1) in computing the prescribed pericd for any suit the time ceedidg ~ during which the plaintiff has been prosecuting with due diligence 25 ~~ u)urt another civil proceeding whether in a court of first instance or in jurlacuction a court of appeal or revision against the defendant, shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jilrisdiction or other cause of a like nature, is unable to entertain it 30 '(2) in computing the prescribed period for any application, the time during which the applicant has been prosecuting with due diu-gence another civil proceeding whether in a court of first instance or of appeal or revision, against the same party for the same relief, shall be excluded, where such proceeding is prosecuted in good faith 35 in a court which, from defect of jurisdiction or other c-8usp of a like nature, is unable to entertain it (3) notwithstanding anything contained in rule 2 of order xxiii of the code of civil procedure, 1908, the provisions of sub-section 5 of j9ob (1) shall apply in relation to a f:resh suit instituted on permission 40 granted by the court under rule 1 of that order, where such permission is granted on the ground that the first suit must fail by reason of a defect in the jurisdiction of the court or other cause of a like nature i ,_ i e:rplanation-for the purposes of this section,-(a) in excluding the time durjng which a former civil s foceeding was pending, the day on which that proceeding was instituted and the day on which it ended shall both be counted; (b) a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding; (c) misjoinder of parties or of causes of action shall be 10 deemed to be a cause of a like nature with defect of jurisdiction 14 (1) in computing the, prescribed period for any suit or appli- ~u:a of cation for the execution of a decree, the institution or execution, of certain othel' which has been stayed by injunction or order, the time of the con- c8aa tinuance of the injunction or order, the day on which it was issued is or made, and the day on which it was withdrawn, shall be excluded (2) in computing the prescribed period for any suit of which n'?tice has been given, or for which the previous conlient or sanc:tion of the government or any other authority is required, in accordance with the requirements of any law for the time being in force, the 20 period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded e:rplanation-in excluding the time required for obtaining the consent or sanction of the government or any other authority, the date on which the application was made for obtaining the consent or 2s sanction and the date of receipt of the order of the government or other authority shall both be counted (3) in computing the prescribed period for any suit or applica tion for execution of a decree by any receiver or interim receiver appointed in proceedings for the adjudication of a person as an insol-3c vent or by any liquidator or provisional liquidator appointed in proceedings for the winding up of iii company, the period beginning with the date of institution of such proceeding and ending with the expiry of three months from the, date of appointment of such receiver or liquidator, as the case may be, shall be excluded 3s (4) in computing the prescribed period for a suit for possession by a purchaser at a sale in execution of a decree, the, time during which a proceeding to set aside the sale has been prosecuted shall be excluded etie~ of death od or before the accrual "f -be right 0 sue (5) in computing the prescribed period for any suit the tli'ne during which the defendant has been absent from india and from the territories outside india under the administration of the central government, shall be excluded  - 15 (1) where a person who would, if he were living, havf a right 5 to institute a suit or make an application dies before the right accrues, or where a right to institute a suit or make an application accrues only on the death of a person, the period of limitation shall be computed from the time when there is a if'gal representative of the deceased capable of instituting such suit or making such applica- 10 tion (2) where a person against whom, if he were living, a il'ight to institute a suit or make an application would have accrued dies before the right accrues, or where a right to institute a suit or make an application against any person accrues on the death of such per- is son, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute such suit or make such application (3) nothing in sub-section (1) or sub-section (2) applies to suita to enforce rights of pre-emption or to suits for the possession of 20 immovable property or of a hereditary office 16 (1) where, in the case of any suit or application for which a period of limitation is prescribed by this act,-meet of fraud or mistake (a) the suit or application is based upon the fraud of the defendant or respondent or his agent; or 25 (b) the knowledge of the right or title on which a suit or application is founded is concealed by the fraud of any such person as aforesaid; or (c) the suit or application is for relief from the consequences of a mistake; or i 30 (d) where any document necessary to establish the right of the plaintiff or applicant has been fraudulently concealed from him; the prescribed period shall not begin to run until the plaintiff or applicant has discovered the fraud or the mistake or could, with 35 reasonable diligence, have discovered it; or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production: provided that nothing in this section shall enable any suit to be instituted or application to be made to recover or enfoxce any charge ,ainst, or set aside any transaction affecting, any property which-(i) in the case of fraud, has been purchased for valuable s consideration by a person who was not a party to the fraud and did not at the time of the purchase know, or have reason to be-ueve, that any fraud had been committed, or (ii) in the case of mistake, has been purchased for valuable con~ideraticn subsequently to the transaction in which the 10 mistake was made, by a person who did not know, or have reason to believe, that the mistake had been made, or (iii) in the case of a concealed document, has been purchll!led for valuable consideration by a person who was not a party to the concealment and, did not at the time of purchase know, is or have reason to believe, that the document had been concealed (2) where a judgment-debtor has, by fraud or force, prevented the execution of a decree or order within the prescribed period, the court may, on the application of the judgment-creditox made after the expiry of the said period extend the prescribed period for exe-20 cution of the decree or order: provided that such application for extension of the prescribed period is made within one year from the discovery of the fraud or , the cessation of force, as the case may be 17 (1) where, before the expiration of the prescribed period for bft'ectofact-2s a suit or application in respect of any property ox right, an acknow- =:~i=ent ledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he derives his title arliability a fresh period of limitation shall be computed from 30 the time when the acknowledgment was so signed (2) where the writing containing the acknowledgment is undated, oral evidence may be ~ven of the time when it was signed; i of '17" but subject to the provisions of the indian evidence act, 1872, oral evidence of its contents shall not be received 3s explanation-for the purposes of this section,-(a) an acknowledgment may be sufficient though it omfts to specify the exact nature of the property or right, or avers  that the time for payment, delivery, performance or -enjoyment has not yet come ar is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to 'letoft, or is addressed to a person other than a person entitled to the property or right, (b) the word "signed" means signed either personally or by an agent duly authorised in this behalf, and s (c) an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right bfrect of pajldent oq acoudt of c:let--l or of interest od 1ep, 18 where payment on account of a debt or of 'interest on a legacy is made before the expiration of the prescribed period by the 10 person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made: provided that, save in the case of payment of interest made before the 1st day of january, 1928, an acknowledgment of the pay- 15 ment appears in the handwriting of, or in a writing signed by, the person making the payment explanation-for the purposes of this section,-(a) where mortgaged land is in the possession of the mortgagee, the receipt of the :rent or produce of such land shall be 20 deemed to be a payment; (b) udebt" does not ine~ude money payable under a decree or order of a court mer of'acjr:-19 (1) the expression, uagent duly authorised in this behalf" in :-~~t sections 17 and 18 shall, in the case of a person under disability, in- 2s b,1idother elude his lawful guardian, committee or manager or an agent duly penon authorised by such guardian, committee or manager to sign the acknowledgment or make the payment (2) nothing in the said sections renders one of se'o't!ral joint contractors, partners,' @xecutors or mortgagees chargeable byreasoh30 only of a written acknowledgment signed by, or of a payment made by, or by the agent of, any other or others of them (3) for the purposes of the said section,-(a) an acknowledgment signed or a payment made in respect of any liability by, or by the duly authorised agent of, 35 any limited owner of property who is govemedby 'hfndutaw, hall be a valid acknowledgment or payment, as the ,case may be, against a reversioner succeeding to such uab1lfty; and (b) where a liability has been incurred by, or on behalf of a hindu undivided fartli1y as such, an acknowledgment or 40 ,payment made by, or by the duly authorised agent of, the manager of the family for the time being shall be deemed to have been made on' behalf of the whole family 20 (1) where after the institution of ,a suit, anew plaintrff or e~~ of lube s'defendant is substituted or added, the suit 'shall, as regards him, be :~~u:~ deemed to have been instituted when he was so made a party: plaintiff or defendant provided that where the eourt issatisfted that the omission to include a new plaintiff or defendant was due to a mistake made in good faith it may direct that the suit as regards such plaintiff or 10 defendant shall be deemed to have been 'instituted on any earlier date (2) nothing in sub-section (1) shall apply to a case where;a party is added or substituted owing to assignment or devolution of any interest during the pendency of a suit or where a plaintfff is is mad~ a defendant or a defendant is made a plaint1ft 21 in the case of a continuing breach of contract or in the case contiduing of 8 continuing tort, a fresh period of limitation begins to run at ~::,hea and every moment of the time during which the breach or the tort, as' the case may be, continues 20 22 in the case of a suit for compensation for an act which does suit for not give rise to a cause of action unless some 'specific injury actually ro~=~~d results therefrom, the prescribed period shall be computed from the ac::t:--b1e time when the injury results :ec::: damage 23 all instruments shall for the purposes of this act be deemed co~putation 2s to be made with reference to the gregorian calendar ~en~ed in instruments part iv  acqt7ismon of owhellship by possession24 (1) where the access and use of light or air to and for any a::qujsition - ot easement building have been peaceably enjoyed therewith as an easement, by prescrip-30 and as of right, without interruption, and for twenty years, and tiod where any way or watercourse or the use of any water or any other easement (whether affirmative or negative) has been peaceably ' and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption and for twenty years,- the right '35 to such access and use of light or air, way, watercourse, use' of water, or otber easement shall be absolute and indefeasible (z) each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is cont~ (3) where the property over which a right is claimed under subsection (1) belongs to the government that sub-section shall be s read as :! for the words "twenty years" the words "thirty years" were substituted explanation-nothing °is an interruption within the meaning of this section, unless where there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the act of 10 some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to °be made excluaion in favour of rcversioner of acrvicdt tcnement 25 where any land or water upon, over or from which' any ease- is ment has been enjoyed or derived has been held under or by virtue of any interest for life or in terms of years exceeding three ·years from the granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term shall be excluded in the computation of the period of twenty years in case the 20 claim is, within three years next after the determination of such interest or term, resisted by the person entitled on such determination to the said land or water bxtinguih-%6 at the determination of the period hereby limited to any tmedt ~t person for instituting a suit for possession of any property, his right 2s o pro  to such property shall be extinguished  part v miscellaneousamcndlilcdt ofccrtaid acts 27 in the indian easements act, 1882, in section 15, for the words 5 of isb "sixty years", the words "thirty years" shall be substituted; and in 30 s the code of civil procedure, 1908, section 48 shall be omitted ° of 1908 savinp· zl (1) nothing in this act shall affect section 25 of the indian contract act, 1872 (2) where any special or local law prescribes for any suit, appeal or application a period of limitation different from the pres- 35 cribed period, the provisions of section 3 shall applya~ if suc;:h period were the prescribed period, and for the purpose of deterl¢11-ing any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 23 (inclusive) shall apply only in so far as, and to the extent 5 to which, they are not expressly excluded by such special or local law (3) save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this act shall apply to any suit or other proceeding under any such law 10 (4) sections 24 and 25 and the definition of "easement" in section 2 shall not apply to case~ arising in the territories to which the , of i8h indian easements act, 1882, may for the time being extend 9 of i9ob is 20 29 notwithstanding anything contained in this act,-i'romion for suits, etc, (a) any suit for which the prescribed period is shorter than for which the period of limitation prescribed by the indian limitation act, ~d';::k!j-1908, may be instituted within a period of two years next after is shoner the commencement of this act or within the period prescribed = ~~:spefor such suit by the indian limitation act, 1908, whichever crib,ed t>l~ ~e 'd' i' indwl llmpeno explres ear ler: tation act, provided that a suit to redeem or recover possession of any 1908· munovable property which has been mortgaged may be instituted within a period of twelve years next after such commencement or within a period of thirty years from the date of accrual of the right to redeem or recover possession, whichever period expires later; (b) any appeal or application for which the prescr~bed period is shorter than the period of limitation prescribed by the indian limitation act, 1908, may be preferred or made within a period of thirty days next after the commencement of this act or within the period prescribed for such appeal or application by the indian limitation act, 1908, whichever period expires earlier 30 nothing in this act shall,-provisions u (a) enable any suit, appeal or application to be instituted, :e~f~~ or 35 preferred or made, for which the period of limitation prescribed auitl, etc, 9 of 1908 by the indian limitation act, 1908, expired before the commencement of this act; or (b) affect any suit, appeal or application instituted, preferred or made before, and pending at, such commencement 9 of tpob 40 31 the indian limitation act, 1908, is hereby repealed repeal  [$ie sections 2 cj) and 3] first divislon-sults part i-suits relating to accoul-lts1 for the balance due on &/ three yean mutual, open and current i(:co!'dt wlaere there baye been redproc:al demand between the parties the close of the year in' wjhcll the itirt item admitted or proved is entered 10 in the account; 8uch year to be computed  in the account z against a factorfor an ec:c:ouat three yeaa when the liqcouilt ii, durin, the continuance of the 15 agency, demanded and refused or, where no such demand is made, when the ,eacy lermi n8&es 3 by & prindpal against hi tbreeyean agent for iftcwable property recei ved by the jan" and dot accounted for 'when the account is, during 20 the codtijujance of the agency, demuded and refused or, where no such demanct is 1mde, when the agency terminates 25 - other iuita by pridcipala tbreeyean against asents for neglect or miaouaduc:r when the neglect or miiconduct becomes blown to the plaintiff the date of the dhlolution 5 for an account and & share of the profits of - 'diuolftd tbreeyean pannc:nhip  part n-suits ablating to contracts6 for a ,eaman', wagel  three l elq the cdd oft~ vojiip<durin, which the wa,e, are ear-ded 35 7 for wales in the c:aae of iidy other poraoo three ye&rl when the  tlccrue due 8 for the price of food or drink tbreeyean when: the food or drink lold by the keeper of & hotel, is delivered tavern or lodgin,-boute 40 9 for the price oflod,il1l three yean when the price becomes payable iieriod of iii_ion tiale fria aicb period begins to run 10 apidlt cllttierforoolll~"" t __ , tion for losing or in,aring goods 5 it 1'\gahm a carrier for com-thift, penaation for non-deuvery of, or delay in delivering, goods when the hire becomes payawe 10 i2 for the hire of ani~ ehi-three yean cles, boats or household furitirure when the 1oqci ought to be iadiwftd 13 for the balance of money three yean advanced in payment of is goods to be delivered tille c:ba at tbe doll very of 1-4 por the price of woods laid three yean and delivered 'where no fixed period of credit is agreed upon three yca~ when the peciod of credit expires 20 is for the price of coods laid and delivered to be paid for after the expiry of a fixed period ofcredit 16 for the price ofgoods sold and three yeara when die ,noel of the pro-pqicd bill dapacs ~s delivered to be paid far by a bi 11 of exchange, no such bill being given the date of the sale three yean 30 17 for the price of trees or srowing crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon when the work is done three years 35 18 for the price of work dl)ne by the: plaintiff for the defendant at his request, where no time has been fis'ed for payment 19 por money payable fur money 'i1uft , lent when the cheque is paid three years lo like suit when the lender has given a cheque for the money  die demadd is made ii f or money lent under an asree-three yean ment that it shall be pay-45 able on demand ii for money deposited under three yean an agreement that i t hall be pay~ble on demand, including money c1f a c1i8tomer in the hands of his banker so 80 payable ------------~--------~------------1829(b) ls-3 | description                    | of                    | suit             ||--------------------------------|-----------------------|------------------|| period of limitation-          |                       |                  || time                           |                       |                  || from which period              |                       |                  || begins to run                  |                       |                  || il3                            |                       |                  || for                            | money payable to the  |                  || three                          | years                |                  || when the money is paid        |                       |                  || plaintiff for money paid for   |                       |                  || s                              |                       |                  || the defendant                 |                       |                  || 24                             |                       |                  || for                            | money· payable by the |                  || defendant to the plaintiff     |                       |                  || three years                   |                       |                  || when the money is received    |                       |                  || 'for 'money received by the    |                       |                  || defendant, for the plaintiff's |                       |                  || use                           |                       |                  || 10                             |                       |                  || 25                             |                       |                  || for                            | money payable for     | in-              || three                          | years                |                  || when the interest              |                       |                  || becomc;s                       |                       |                  || terest upon                    | monet                 | due from         || liue                          |                       |                  || the defendant                  | to                    | t e plaintiff   || 26                             |                       |                  || for                            | money, payable to the | three years     || when the accounts              |                       |                  || arc:                           | stated                |                  || plaintift' for money found to  |                       |                  || in                             | writing signed by the | is               || be due from the defendant      |                       |                  || defendant  or his agent       |                       |                  || to                             |                       |                  || the                            |                       |                  || ,plaintiff on accounts         |                       |                  || duly                           | authorised            |                  || in                             | thia                  |                  || stated between them           |                       |                  || behalf, unless where the       |                       |                  || debt                           | is, by a simultaneous |                  || agreement                      | in                    | writins20        || signed                         | as                    | aforesaid, made  || payable at a fulure time,      |                       |                  || and then when that time        |                       |                  || arrives                       |                       |                  || 27                             |                       |                  || for compensation for breach    |                       |                  || three years                   |                       |                  || when the time specified        |                       |                  || 2s                             |                       |                  || of a promise to do anything    |                       |                  || arrives or the contingency     |                       |                  || at                             |                       |                  || a specified                    | time,                 | or               || happens                       |                       |                  || the happening                  |                       |                  || of                             | a lpecified           |                  || contingency                   |                       |                  || 28                             |                       |                  || on                             |                       |                  || it                             |                       |                  || single bond, where a day       | three                 | years           || the                            | day                   | so               || 30                             |                       |                  || 'is specified for payment     |                       |                  || 29                             |                       |                  || on a single bond, where no     |                       |                  || three years                   |                       |                  || the                            | date of executing the |                  || such day is specified         |                       |                  || bond                          |                       |                  || 30                             |                       |                  || 'on:a bond subject to a condi- | three years          |                  || when                           | the                   |                  || condition                      |                       |                  || i                             |                       |                  || tlon                          |                       |                  || broken                        |                       |                  || 3s                             |                       |                  || 31                             |                       |                  || on a bill                      | of                    | exchange or pro- || when the bill or note fau     |                       |                  || missory note payabk at a       |                       |                  || due                           |                       |                  || fixed time after date         |                       |                  || j                              |                       |                  || on a bill                      | of                    | exchange payable || three                          | years                |                  || when the                       |                       |                  || bill                           |                       |                  || is                             |                       |                  || presented                     |                       |                  || 32                             |                       |                  || at sight, or after sight, but  |                       |                  || 40                             |                       |                  || not at a fixed                 |                       |                  || ti                             |                       |                  || me                            |                       |                  || 33                             |                       |                  || on a bill of exchange accepted |                       |                  || payable                        |                       |                  || at                             |                       |                  || a particular place            |                       |                  || three                          | years,                |                  || when the bill is               |                       |                  || at that place                 |                       |                  || presented                      |                       |                  || 34                             |                       |                  || on                             | a bill                | of               || three                          | years                |                  || when                           | the                   |                  || fixed                          |                       |                  || time                           |                       |                  || milsory note payable at a      |                       |                  || expires                       |                       |                  || 45                             |                       |                  || fixed time after sight or      |                       |                  || after demand                  |                       |                  ||                             |                               |               | description·of    | suit    ||-----------------------------|-------------------------------|---------------|-------------------|---------||  period of                | limitation                    | time          | from which        | period  || begins                      | to                            | run           |                   |         || the                         | date                          | of            | the               | bill    || three                       | years                        |               |                   |         || s                           |                               |               |                   |         || 35                          | on                            | a             | bill              | of      || missory  ':l0te            | payable                       |               |                   |         || on                          |                               |               |                   |         || demand and not accom-       |                               |               |                   |         || panied by any writing res-  |                               |               |                   |         || training or poitponing the  |                               |               |                   |         || right                       | to usc                       |               |                   |         || 36                          |                               |               |                   |         || on                          | a promissory note for bond    | three         | years            |         || payable oy instalments     |                               |               |                   |         || 10                          |                               |               |                   |         || the                         | expiration                    | of            | the first         |         || term                        |                               |               |                   |         || of                          | payment as                    |               |                   |         || to                          |                               |               |                   |         || the                         |                               |               |                   |         || part                        |                               |               |                   |         || then                        | payable;                      | and           | for               |         || the                         |                               |               |                   |         || other                       | parts, the ex-                |               |                   |         || piration                    |                               |               |                   |         || of                          | the                           | respective    |                   |         || terms                       |                               |               |                   |         || of                          | payment                      |               |                   |         || is                          | 37                            |               |                   |         || on                          | a promissory note             | or            | three             | years  || bond payable byinstalments, |                               |               |                   |         || which provides that,        | if                            | de-           |                   |         || fault be made               | in                            | payment       |                   |         || of                          | one                           | or            | more instalments, |         || the whole shall be due     |                               |               |                   |         || lo                          |                               |               |                   |         || when the default is diade  |                               |               |                   |         || unless where                |                               |               |                   |         || the                         | payee                         |               |                   |         || or                          | obligee waives                | the           |                   |         || benefit                     | of                            | the provision |                   |         || and                         |                               |               |                   |         || then                        | when fresh                    | de-           |                   |         || fault is made               |                               |               |                   |         || in                          |                               |               |                   |         || retpea                      | of                            |               |                   |         || which there is no such      |                               |               |                   |         || waiver                     |                               |               |                   |         || three                       | years                        |               |                   |         || the                         | date                          | of            | the deli very to  |         || the payee                  |                               |               |                   |         || 38                          |                               |               |                   |         || on                          | a promissory note given       |               |                   |         || by the maker to a           |                               |               |                   |         || third                       |                               |               |                   |         || person                      |                               |               |                   |         || to he delivered             |                               |               |                   |         || to                          |                               |               |                   |         || the                         |                               |               |                   |         || payee after                 |                               |               |                   |         || i                           |                               |               |                   |         || cer'lin                     | event                         |               |                   |         || should happen              |                               |               |                   |         || when the notice             |                               |               |                   |         || is                          | given                        |               |                   |         || 39                          |                               |               |                   |         || on                          | a dishonoured foreign         |               |                   |         || biii                        |                               |               |                   |         || three                       | years                        |               |                   |         || where protest has been made |                               |               |                   |         || and notice given           |                               |               |                   |         || three                       | years                        |               |                   |         || the                         | date                          | of            | the               |         || to accept                  |                               |               |                   |         || refusal                     |                               |               |                   |         || 30                          |                               |               |                   |         || 40                          |                               |               |                   |         || by                          |                               |               |                   |         || the payee against the draw- |                               |               |                   |         || er                          | of                            | a             | bill              | of      || which has been dishonoured  |                               |               |                   |         || by non-acceptance          |                               |               |                   |         || three                       | years                        |               |                   |         || when                        | the accepter pays the         |               |                   |         || amount                      |                               |               |                   |         || of                          | the                           |               |                   |         || bill                       |                               |               |                   |         || 35                          |                               |               |                   |         ||  p                         |                               |               |                   |         || by the acceptor             | of                            | an            | accom-            |         || modation-bill against the   |                               |               |                   |         || drawer                     |                               |               |                   |         || three                       | yean                         |               |                   |         || when the surety pays  the  |                               |               |                   |         || creditor                   |                               |               |                   |         || 4                           |                               |               |                   |         || z                           |                               |               |                   |         || by a surety against the     | princi-                       |               |                   |         || pal debtor                 |                               |               |                   |         || three                       | years                        |               |                   |         || 40                          |                               |               |                   |         || 43                          |                               |               |                   |         || by                          | a surety against a co-surety |               |                   |         || three                       | years                        |               |                   |         || when the surety pays any-   |                               |               |                   |         || thing                       | in                            | excess        | of                | his     || own                         |                               |               |                   |         || share                      |                               |               |                   |         || the                         | date'                         | of            | thedetth          | of      || the deceased '             |                               |               |                   |         |4s 44 (a) on a policy of insurance when the sum insured is payable after proof of the death has been given to or received by the insurers the date of the occurrence causingtlic loss 50 (b) on a policy o~ insuran~e when the sum insured is payable after proof of the los9 has been gwen to or received by the: insurers tliree years when the injurers elect to avoid the policy 45 by the assured to recover premia paid under a policy voidable at the election of | description               | ofsait                  ||---------------------------|-------------------------|| period                    |                         || fif                       |                         || hlilitation               | tilm                    || &eat                      |                         || which                     | period                  || belinl                    | to                      || 39                        |                         || of                        |                         || ltas·                     |                         || tjar                      |                         || ct                       |                         || of                        |                         || the                       |                         || payment                   | or                      || di8b'illuhoa             |                         || 5                         |                         || 46                        | under                   || 'j1arft                   |                         || ,,"no                     |                         || act,                      |                         || 19~5                     |                         || section                   | 360                     || or                        | section 361,            || pel                       | a                       || whom                      | an                      || ad-                       |                         || ministrator               | has                     || pc}'                      |                         || or                        | distributed             || "etl                     |                         || 10                        |                         || 47                        | for                     || ting                      |                         || cionai~rlltion            |                         || which                     |                         || af'terwardj               |                         || tails                    | -                       || the                       | date                    || exec                    | of                      || 0wfture                 |                         || 15                        |                         || 20                        |                         || 48                        |                         || for                       | contribution            || who bas                   | paid                    || the                       |                         || whole                     | or                      || more                      |                         || than                      |                         || hit                       | share                   || amount                    | dae                     || decree                   | or                      || by                        |                         || a                         | lhaler                  || join,                     |                         || estate                    |                         || who                       |                         || has                       |                         || paid                      |                         || the whore                 | or                      || share                     |                         || of                        |                         || the                       | amount                  || venued'uefrom nimaelfand  |                         || his co-shllrers          |                         || wlte                     |                         || thr                       |                         || ri,ht                     | to                      || buriciie                  | accrues                || 49                        |                         || by                        | a co-truttee to enforce || against                   |                         || the                       |                         || estate                    |                         || oi                        |                         || a                         | de-                     || ceased trustee a          | claim                   || contribution             |                         || the                       | date                    || 30                        |                         || so                        |                         || by                        |                         || the                       | manager                 || tate                      | of                      || for                       |                         || contribution,             | in                      || of                        | a                       || on                        | account                 || "hell                     | tbe                     || 35                        |                         || 51                        | for                     || yean                     |                         || property                  | belonging               || plaintiff                 | which                   || heeq                      |                         || wroncfully received by    | the                     || defendant                |                         || when                      | the                     || 52                        | for                     || 53                        | bv a vendor             || three                     |                         || ynri                      |                        ||  property for            | penona]                 || pay-                      |                         || ment                      | of                      || money                    |                         || the                       | time                    || ting                      | the                     || we,                       |                         || or                        | (where                  || the                       | title                   || 40                        |                         || the                       |                         || w                        |                         || fded for comple-          |                         || tion)                     | the                     || acceptance               |                         || s4                        |                         || for                       |                         || speak                     |                         || perbmance                 | of                      || contract                 |                         || the                       | date fixed              || performance,              |                         || or,                       | if                      || 4s                        |                         || such date                 | is                      || the plaintiff has notice  |                         || that                      | performance             || is                        |                         || re-                       |                         || fused                    |                         || ss                        |                         || for                       | compensation            || brelch                    | of                      || coftt1'lct               |                         || expreu                    | or                      || berrid                    |                         || apeci""'pi"vided         |                         || when                      |                         || tbe                       |                         || contract                  |                         || is                        |                         || broken                    |                         || so                        |                         || or                        | (where                  || succeasive brelches) when |                         || the breach                |                         || in                        | respect                 || which the                 | luitia                  || occurs                    |                         || or                        | (where                  || s                         |                         || s                         |                         || is continuins)            | when                    || ceasn                    |                         |- deiicription ofsuit time from which begins to run period i p,riod or ih  oo --------------------------1-----------------\--------------------p,wt iii-suits relatii1gto declaaatlo),;$ three years s | ~n                        | th~                 ||---------------------------|---------------------|| issue                     |                     || or                        | registra-           || tion becomes known to the |                     || plaintib                 |                     || 56                        |                     || to                        | declare the forgery || an                        |                     || instrument issued         | or                  || tered                    |                     || three}!ean               |                     || when                      |                     || tht                       |                     || alleled adoption          |                     || becomes known to          |                     || the                       |                     || plaintuj                 |                     |io 57 to obtain a declaration that an alleged adoption is invalid, or never, in fact, took place when tbe right to sue first accrues s8 to obtain any other declara-three years tion  part iv-suits relat 100 to dbcrees and lnstrljml!<'i'si~ 59 tocancelorset a5ideaninstru-, three years } ment or decree or for the rescissi on of a contract when tbe flal enitiing the pwnti1f ttl havt ,he instrument or decree cancelled or set aside qr tbe contract rescinded firsl become known to him 60 to set  id~ a transfer of :zo property made by the guardian of a ward-when the ward attains majority (a) by the ward who has three yearn attained majority; (b) by the ward's legal representati ve--when d~ ward attains majority 30 (i) when the ward dies with-three years in three years from the date of attaining majority; when the ward dies (ii) when the ward dies be-three years fore anaining majority  part v-suits relatitig to immovable prvpert¥61 by a mortgagor-when tile right to redeem or to recover _ possession accrues (2) to redeem or recover thirty yeaf5 possession of immovable property mortgaged; when the trlullfei becomes known tl> the plaintiff (b) to recover possession of twelve years immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration when the lllorti'&ar re-enters od the mortpged property ce) to recover surplus coljcc-three years tions received by the mor~-gagee after the mortgaee has been satisfied |                        |                 | description    | ofsuit    ||------------------------|-----------------|----------------|-----------|| period                 | of              | limitation     | time      || from                   |                 |                |           || which                  | period          |                |           || be,ina                 | to              | run            |           || when                   | the             | money          |           || iued                   |                 |                |           || for                    |                 |                |           || becomea                |                 |                |           || due                   |                 |                |           || 6:1                    |                 |                |           || to                     | enforce payment | of             | money     || secured by a mortgage  |                 |                |           || or                     |                 |                |           || otherwise charged upon |                 |                |           || immovable property    |                 |                |           |63 by a mortgagee:-(2) forforeclosure; thirty yean when the money aecured by the mort - ,e becomes due 10 (b) for pos8ession of immo-twelve yean vable property mortgaged when the mort,ee become entitled to posleslion the date of dilpollession '4 for possession of immovable twelve yean property based on previous possession and not on title, when the plaintiff while in poaseslion of the property has been dispossessed 6s for p088e11sion of immovable twelve years property or any interest therein based on title when the poileisioil of the 20 defendant hecomel advcnc to the plaindtr explanijrim -for the pur poses of thi5 anide-(<i) where tl~e suit is by a remainderman, a reversioner (other 1han a landlord) or a deviaee, the possmion of the defend ant shalt i-e dee"llc:d to become advene 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 immovsble property on the death of a hindu or muslim female, the po!isession of the defendant shall be deemed to become adverse only when the female dies ; (c) where the suit ia by a purchaser at a sale in execution of a decree when the judgement-debtor wii out of potsession 'at the date of the sale, the pur-| deacrlption of             | uit              ||----------------------------|-------------------|| period                     |                   || of                         |                   || limitation                 |                   || time                       | from which period || begins                     |                   || to                         | "m                || s                          |                   || twelve years              |                   || when the forfeiture        |                   || is                         |                   || in-                        |                   || curred                     | or                || th,                        |                   || condition                  |                   || is                         | broken           || 10                         |                   || to                         | be                || the judrement-debtor who   |                   || was                        |                   || out                        | of                || !                          |                   || 66                         |                   || for                        | poaaeaaion        || j:roperty                 |                   || when                       |                   || the                        |                   || plaintiff                  |                   || 8                          |                   || become entitled            | to                || posaesaion by              | reason            || of                         |                   || any                        |                   || forfeiture                 | or                || breach                     |                   || of                         | condition        || twelve yean               |                   || when the tenancy           |                   || i                         | dete'l-           || mined                     |                   || 67                         |                   || by                         |                   || a landlord to recover pos- |                   || seslion from a tenant     |                   | part vi-suits rjllating to movable propertywhen the person having the right to the possenion of the propeny tint learns in whose possession it is for specific movable propeny i three yean 100t, or acquired by theft or diahodc8t misappropriation or convenion 69 for other specific movable three years 20 property when the property is wrongfully taken the date of refusal after demand 70 to recover movable property i three yearr deposited or pawned from i a depositary or pawnee when the rile becomes known to the plaintiff 71 to recover movable property three yebi"! deposited or pawned, and afterwards bouaht from the depositary or pawnee for a valuable consideration  part vii-suits relating to tortone year when the act or omisiod takes place 35 30 72 for compensation for doing or for omitting to do an act allcled to be in pursuance of any enactment in force for the time belng in the territories to which thja act extends when the imprisonment ends 73 for compensation for false one year imprisonment 74 for compenaation for malicious prosecution a one year when the plainti1£ is acquitted or the prosecution is otherwise tenninated when the jibel is published " for compensation for libel one year one year 76 for compensation for slander when the words are spoken, or, if the words are not actionable in themselves, when the special dam complained of result • when the loss occun one year 77 for compensation for 10' of service oc:cuioned by the eduction of the plaintiff's servant or daupter deluiptioll of suit hdod 1){ limitation i timt from which period bcpu (l) l'iiii\ 78 for compensation for in-one ytar ducina a penon to t:'cak a contract with the plailltitr 5 the date 01 the "rell 79 fe colllpcllllb:m for an ille~a1, one ytar irregular 01' ezoeaive dis-tress the date flif the •• me one year 10 80 for compensation for wronaful seizure of movable property udder lepa prgceas 81 by executors, administrators one year the date of the death of the pe~ wron,ed ~r represcntlltiftl uader tir legal representatives' suits act, i1iss is u of j ont ytar 1lic date of the death of the pci'iicii1 timed 13 of i b sy cltccllton, admiilistrators or repreeelltllti~ under the indian fatal accident, act, 155 when the wrong complained 20 af is done i2 of i 83 under the legal repreaen-two ytars  ca' suite act, 18ss against an edcutol', an administrator or any other representative wiaaa tbe pernnirm fint 2s bec:ama known to the penon injured thereby 8-4 apinst ode who, having a right two yean to use property for s~fic purpoaes, perverts it to other purposes the date of the obstruction  30 8s for compcnsation for obi-t1irce y  :' tructin, a way or a watercoune '!be date of the diwnlon 86 for compenntion for divcrt-three years ing a watercourse 87 for compensatiod for tres-three yean pas upon immovable property the date of the infrinaement when the waste bcaina  88 for compensation ·fbr in-three years fringing copyright or any other exchllvc privileie 19 to reatrain wiiil'e three years when the m;ction ce  90 for compenmtion for injury three~ caused by an ijljuaction w'i'ongfudy otntrinet1 when the person baving the 45 right to the posses~jon of the property first learna in 'whole paimisiaa it iii 91 por compcdmtiod,-(a) for wi'clnifuijy taking three yeatl or detaiaina 1liiy specific movable property loit, or acqui~ by thdtt, or dishoneat mis-appropriation or convenion ; | period                       | of       | limitation    | time'      ||------------------------------|----------|---------------|------------|| begins to                    |          |               |            || run                          |          |               |            || description                  | of       | suit          |            || s                            |          |               |            || (6)                          |          |               |            || fo~                          |          |               |            || wr!3ngfully                 | taking   | three         | years     || or                           | injurmg  | or            | wrongfully || detaining any other specific |          |               |            || inovable property           |          |               |            || when                         |          |               |            || the                          | property | is            |            || wrong-                       |          |               |            || fully taken                  | or       | injured,      | or         || when the detainer's pos_     |          |               |            || session becomes unlawful    |          |               |            | part viii-suits relating 1'0 trusts and trust pjiopertywben tbe tranuer becomes knowll to the plaintiff, 92 to recover possession of twelve yeus iinmovable property con-10 ,eyed or bequesthed in trust and afterwards trllnlferred by the trustee for a valuable considerat ion when the transfer becomes known to the plaintiff 93 to rcc:over possession of three years 15 inovable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration twelve years when the trldlfer becomes known to the plaintiff 20 94 to set aside i transfer of iininovable property comprised in i hindu, mu-~liin or buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration three yean when the transfer becomes known to the plaintiff 30 95 to set aside a transfer of inovable property coinprised in i hindu, muslien or buddhist religious or charitable endowment, rnade by i manager thereof for a valuable consideration 35 twelve yean the datc of deathr resignation or remova of the transferor or the dlte of ippointment of the plaintif[ as manager of the cd-dowment whichever is later 96 by the manager of a hindu, musliin or buddhist religious or charitable endowtnent to recover possession of movable or iinmovable property comprised in the endowtnent which haa been transferred by a previous manager for a valuablc collliderition  part ix-sun:s relating to m1scj!l1umn:s mattfrs97 to enforce a right of pre-i emption whether the right is founded on iaw for general usage or on special contract one year when the purchaser tues, under the sale sought to be impeached, physical possession of the whole or part of the property bold, or, where the lubject matter of the aile doe dot admit of delcription of iult period of limltation time frclm which period begina to run phyaic:al posses8ion of the whole or plrt of the property, when the in- s strujdcdt of sale is reolittered 98 by a penon ,ainlt whom one year an order under rule 63 the date of the final order or rule 103 of order xixi of the code of civil procedure, 1908 or an order underaection 28 of the presidency small cause couru act, 1882, has been made, to establish the risht which is is of 188a he claims to the property compriaedin the order 99 to let aside a sale by a civil one year or revenue court or a sale for arrears of government revenue or for any demand recoverable as such arrears when the sale is confirmed or would otherwise have 20 become final and conclu-ive had no luch suit been brought the date of the final order 25 100 to alter or set aside any de-one year cision or order of a civil court in any proceeding other than a ,ui t or any act or order of an officer of government in hi official capacity 101 upon a· judamcdt, including three yean a foreign judgment, or a the date of judsment or recogniaance recopisance  when the plaintiffia restored 102 three yean por property which the plaintiff has conveyed while inaane to sanity and has know- 3s ledge of the conveyance three yean 103 to make good out of the general eatllle of a deceased trustee the loll occasioned by a breach of troit the date of the trustee' death or if the lola haa not then resulted, the date of the lou 40 104 to establish a periodically three yean recurring risht when the plaintit'( ia first refused the enjoyment of the right los by a hindu for arrears of main-three years tenance when the arrears ire payable 4s when the legacy or share become payable or deliverable so 106 por a legacy or for a share of twelve yelrs a residue bequeathed by a tejtltor or for a distributive share of the property of an inteltate against an executor or an administrator or some other person legally ~ged with the duty of distributing the catate | deacrlption                  | of                        | lui                  | t               ||------------------------------|---------------------------|----------------------|-----------------|| period oflimitltion          |                           |                      |                 || time                         | from which period         |                      |                 || begins to run                |                           |                      |                 || 107                          |                           |                      |                 || por possession               | of                        | a hereditary         | twelve years   || office                      |                           |                      |                 || 5                            |                           |                      |                 || when the defendant           |                           |                      |                 || iuel                         |                           |                      |                 || possession                   | of                        | the                  | office          || advenely to the plain-       |                           |                      |                 || tiff                        |                           |                      |                 || &,/lmijtiolj-a              |                           |                      |                 || hereditary                   |                           |                      |                 || ollc:e                       |                           |                      |                 || is                           |                           |                      |                 || possessed when               |                           |                      |                 || the                          | properties                | thereof              |                 || 10                           |                           |                      |                 || are usually                  | received,                 | or                   |                 || (if                          | there are                 |                      |                 || no                           |                           |                      |                 || properties)                  |                           |                      |                 || when the duties thereof      |                           |                      |                 || are                          | uluauy                    | performed           |                 || the                          | date                      | of                   | the alienation || twelve                       |                           |                      |                 || yeln                        |                           |                      |                 || 108                          |                           |                      |                 || is                           |                           |                      |                 || 20                           |                           |                      |                 || suit                         |                           |                      |                 || during~helifeofahindu        |                           |                      |                 || or                           |                           |                      |                 || m\jalim                      |                           |                      |                 || female                       |                           |                      |                 || by a                         |                           |                      |                 || hindu                        | or                        | muslim               |                 || who,                         |                           |                      |                 || if                           | the female died           |                      |                 || at the date                  |                           |                      |                 || of                           | institutins               |                      |                 || the                          |                           |                      |                 || luit                        | would be entitled         |                      |                 || to                           |                           |                      |                 || the                          | posseuion                 | of                   | land,           || to                           | have an ailen_tion        | of                   |                 || such                         | land mlele by the         |                      |                 || fel'lale                     | declared                  | to                   | be void         || except for her life or until |                           |                      |                 || her re-marriage             |                           |                      |                 || zs                           |                           |                      |                 || twelve years                |                           |                      |                 || 109                          |                           |                      |                 || when the alienee takes       |                           |                      |                 || pos-                         |                           |                      |                 || session                      | of                        | the property        |                 || by                           | a                         | hindu                | govemed         || by                           |                           |                      |                 || mitakahara law to set aside  |                           |                      |                 || his father's alienation      |                           |                      |                 || of                           |                           |                      |                 || ancestrll property          |                           |                      |                 || twelve yean                 |                           |                      |                 || 30                           |                           |                      |                 || no                           |                           |                      |                 || when the exclusion becomes   |                           |                      |                 || known to the plaintiff      |                           |                      |                 || by                           | a person excluded from a  |                      |                 || jont family                  | property to               |                      |                 || enforce a right to share     |                           |                      |                 || therein                     |                           |                      |                 || thirty                       | yelrs                    |                      |                 || the                          | dlte                      | of the dispolsellion |                 || or discontinulftcc          |                           |                      |                 || iii                          |                           |                      |                 || 35                           |                           |                      |                 || by                           | or on behalf of any local |                      |                 || luthority for possession     |                           |                      |                 || of                           |                           |                      |                 || any public street or         |                           |                      |                 || road                         |                           |                      |                 || or                           |                           |                      |                 || any part thereof from which  |                           |                      |                 || it                           | his                       | been dispossessed    | or              || of                           |                           |                      |                 || which                        | it                        |                      |                 || has                          |                           |                      |                 || discon-                      |                           |                      |                 || tinued the possession       |                           |                      |                 || thirty                       | years                    |                      |                 || liz                          |                           |                      |                 || when the period oflimitltion |                           |                      |                 || would begin to run under     |                           |                      |                 || this act                     |                           |                      |                 || ,inlt                      |                           |                      |                 || i                            |                           |                      |                 || like                         |                           |                      |                 || suit by - private            |                           |                      |                 || persode                      |                           |                      |                 || 45                           |                           |                      |                 || any 8uit by or on behalf     |                           |                      |                 || ofthe                        |                           |                      |                 || centrll                      | government or             |                      |                 || any                          | state                     | govemment,           |                 || (exccpt a                    |                           |                      |                 || suit                         | before the                |                      |                 || supreme                      |                           |                      |                 || court                        |                           |                      |                 || in                           | the ex-                   |                      |                 || erc:iae                      | of                        |                      |                 || it,                          |                           |                      |                 || origi nal juril-             |                           |                      |                 || diction)                    |                           |                      |                 | part x--suits por wb1ch t  is no pibicribed pjmiodwhen the right to sue 1cc1'ue1 113 any 8uit for which no period three yelrs of limitation is provided elsewhere in this schedule | description    | of             | appeal            ||----------------|----------------|-------------------||  period       |                |                   || ofiimitaticn   | time           | from which period || begins to      |                |                   || run            |                |                   || il4            | appeal from an | order             || ac:quittal,-   |                |                   || (q)            |                |                   || under          | sub-section    |                   || (i)            |                |                   || ninety         | daft          |                   || the            | date           | of                || 5              |                |                   || pealed from   |                |                   || or             | sub-section    |                   || (2)            |                |                   || of             |                |                   || section        |                |                   || 41j            |                |                   || of             | the code       | of                || criminal       | procedure,     |                   || 1'898;         |                |                   || i              |                |                   || (6)            |                |                   || under          | sub-section    |                   || (3)            |                |                   || of             | thirty         | day •            || section        |                |                   || 417            |                |                   || of             | that           | code             || i              |                |                   || the            | date           |                   || of             |                |                   || the grant      | of             |                   || 10             |                |                   || s              |                |                   || of             |                |                   || 1898          |                |                   || i              |                |                   || special leave |                |                   || the            | date           | of                || decree         |                |                   || or             | order         |                   || 15             |                |                   || s              |                |                   || of             |                |                   || 190            |                |                   || 8•             |                |                   || 115            |                |                   || under          | the same       |                   || cod~           |                |                   || to' any        | thirty         | da,             || court          | from           |                   || a              |                |                   || senuencc       | or             |                   || order          | not            | being             || acquittal      | or             | under             || of             | civil          | procedure,        || 1908,          |                |                   || to any         | court          | from any          || decree         |                |                   || or             | order         |                   || the            | date           | of                || order         | 20             |                   || u6             |                |                   || from           | a decree       | or                || high           | court to       | the               || court         |                |                   | third division-applications| description    ||----------------|| time           || from           || which period   || begins to      || run            | pdt i-applications in spiiqfied cases| when                     | the                  | summons is served    ||--------------------------|----------------------|-----------------------|| 117                      |                      |                       || for                      | leave to appear      | in,                   || defend a                 |                      |                       || suit                     | under                | sum-                  || mary                     |                      |                       || procedure               |                      |                       || 30                       |                      |                       || 10                       |                      |                       || of                       |                      |                       || 1940                    |                      |                       || 118                      |                      |                       || udder                    | the                  | arbitration act,      || 1940,-                   |                      |                       || (a)                      |                      |                       || for the filing           | in                   | court                 || an award;                |                      |                       || the                      | date                 | of                    || the                      | notice               | of                    || malt-                    |                      |                       || ing                      | of                   | the award;            || (6)                      |                      |                       || for                      | letting              | aside                 || an                       |                      |                       || award                    | thirty               | days                 || or                       | letting              | an award              || ted for reconsideration |                      |                       || the                      | date                 | of                    || notice                   |                      |                       || of                       | the filing           | of                    || 35                       |                      |                       || award                   |                      |                       || under                    | the                  | code                  || thirty                   | days                |                       || the                      | date                 | of                    || plaintiff, appellant,    | de-                  |                       || s                        |                      |                       || of                       |                      |                       || 1908                    |                      |                       || -  119                 |                      |                       || procedure,               |                      |                       || 1908,                    |                      |                       || to have                  |                      |                       || the                      | legal representative | of                    || the                      | case may be         |                       || 40                       |                      |                       || a deceased plaintiff     | or                   | ap_                   || pellant                  |                      |                       || or                       | of                   | a deceaaed            || defendant                |                      |                       || or                       | respondent,          |                       || made a                   |                      |                       || party                   |                      |                       || the                      | date                 | of                    || 45                       |                      |                       || 120                      |                      |                       || under                    | the                  | same code for         || order                    | to set aaide         | an                    || ment                    |                      |                       | description of application i 'ptri«\0flirnitatidn'| time                       | (rom                      | which    | pericd     ||----------------------------|---------------------------|----------|------------|| begins to                  | run                       |          |            || 121                        |                           |          |            || the                        | date                      | of       | dismi6sl1 || 5                          |                           |          |            || to                         | restore a                 | luit     | or         || application                | for re\'iew               |          |            || or                         | ,                        | , , '    |            || revision dismissed for de- |                           |          |            || fault                      |                           |          |            || of                         | appearance                | or       | for        || want                       |                           |          |            || of                         | prosecution               | or       | for        || failure                    |                           |          |            || to                         | pay costs                 | of       | service    || of                         | procea                   | or       | to         || aecurity for costs        |                           |          |            || 10                         |                           |          |            || to                         | set aside a decree passed | thirty   | days      || ix                         | patu                      |          |            || or                         | to rehear                 | an       |            || appeal decreed             |                           |          |            || or                         | heard                     |          |            || i                          |                           |          |            || ,~                         |                           |          |            || par',                     |                           |          |            || the'                       | date                      |          |            || of                         | the                       | decree   |            || or                         |                           |          |            || where the                  | •                        | umqtona  |            || or                         | notice                    |          |            || was                        |                           |          |            || dot                        | tluly                     |          |            || served',                   | when'                     | the ap-  |            || plicadt had knowledge lif  |                           |          |            || the                        |                           |          |            || del!fte·'                 |                           |          |            | 5 of i9obb~plllticm-for the pur-,pose of thbarticle substituted service under rule 20 of order v of the code of civil , ~rocedure, 1908 shall not be deemed to be due service the dltt of the'decree or order 2s 123 for a review of judgment by thirty daya a court other than the suppreme court when the payment or adjustment is made 134 to record an adjustment or thirry days satisfaction cf a decree the date of the decree 30 12s forthe payment ofthe: amount thirty days of a decree by instalments the date of theaje thirty days 126 to set aside a saie in execu-,tion of a decree, including any such application by a judgment-debtor 3s the date of the dipossession thirty days 127 for possession by one dispossessed ofimmovable: property and disputing the right of the decree-holder or purchaser at a sale: in execution of a decree thirty days 128 the date of resistance obstruction or 4s for possession after removing resistance or obstruction to delivery of possession of immovable property decreed or sold in execution of a decree 129 forleave to appeal as a pauper thirty days the date of decree appealed from i the date of the decree or order or icntence souaht to be revis~4 ' , s of 1908 s of 1898 to a, ny court for the exerciae \''thir'ty dayi of its powers of revision under the code' of ci vu ' procedure, 1908 or the codeofcriminalprl)cedure, 1898• ss  description ofapplicadon i ~edod ouimitauon' time from which periocl be,i iii to run131 the date of the decree order or lentencc | to                        | the                     | mfh               | court for a ccrti-   ||---------------------------|-------------------------|-------------------|----------------------|| thirty                    |                         |                   |                      || day •                    |                         |                   |                      || date                      |                         |                   |                      || 0                         |                         |                   |                      || dwell                     | to appeal               | to                |                      || the supreme court under   |                         |                   |                      || ciauae                    |                         |                   |                      || (1)                       |                         |                   |                      || of                        | article                 |                   |                      || 133,                      |                         |                   |                      || article                   |                         |                   |                      || 133                       |                         |                   |                      || or                        | lub-clauae (c)          |                   |                      || of                        |                         |                   |                      || clause                    |                         |                   |                      || (1)                      |                         |                   |                      || of                        | article                 |                   |                      || 13                       |                         |                   |                      || i                         |                         |                   |                      || of                        | the constitution        | or                |                      || ud-                       |                         |                   |                      || der any other law for the |                         |                   |                      || time                      |                         |                   |                      || bcln,in                   | force                  |                   |                      || ij~                       |                         |                   |                      || to                        | the                     | supreme court for |                      || lpecialleave to           |                         |                   |                      || appeal-                  |                         |                   |                      || (ii)                      |                         |                   |                      || in                        | a                       | caae              | inyolvin,            || thirtj                    |                         |                   |                      || da"                      |                         |                   |                      || the                       | ie                     | of                | the                  || final order               |                         |                   |                      || or                        | lentcncc               |                   |                      || is                        |                         |                   |                      || the                       | date                    | of                | the order            || refuaal                  |                         |                   |                      || "m<n<ol                   |                         |                   |                      || i                         |                         |                   |                      || (6)                       |                         |                   |                      || in                        | a                       | caae              | where                || ilipeal                   |                         |                   |                      || waa                       |                         |                   |                      || refused                   |                         |                   |                      || by the                    |                         |                   |                      || 'ahcourt;                 |                         |                   |                      || ()                       | in                      |                   |                      || any other                 |                         |                   |                      || ~e                       |                         |                   |                      || ninety                    | dayi                   |                   |                      || the                       | date                    | of                | the judlldent        || or order                 |                         |                   |                      || ~                         |                         |                   |                      || 13)                       |                         |                   |                      || when the                  |                       | ie                | bocome              || ablolute                 |                         |                   |                      || por delivery              | of                      | poelellion by     | one yclr            || a purchaser               |                         |                   |                      || of                        | immovable               |                   |                      || property at a iale        |                         |                   |                      || in                        | ell:ccu-                |                   |                      || lion                      | of                      | a decree         |                      || 13                       |                         |                   |                      || por the enforcement of a  |                         |                   |                      || three yean               |                         |                   |                      || decree                    |                         |                   |                      || ,rantio,a                 | mandatory               |                   |                      || injunction               |                         |                   |                      || the date                  |                         |                   |                      || of                        | the decree              | or                | 25                   || where a date              |                         |                   |                      || is                        |                         |                   |                      || bed                       |                         |                   |                      || for                       | performance            |                   |                      || iuch                      |                         |                   |                      || date                     |                         |                   |                      || i3s                       |                         |                   |                      || por the ell:ccution       |                         |                   |                      || of                        | any decree              |                   |                      || (other than a decree      |                         |                   |                      || ,rlllt-                   |                         |                   |                      || twelvc yean              |                         |                   |                      || io,                       | a mandatoryi njuoction) |                   |                      || or                        | order                   | of                | any civil court     || where the decree          |                         |                   |                      || or                        | order                   |                   |                      || becomes                   | enforceable             |                   |                      || or                        | 30                      |                   |                      || where the                 | decree or               |                   |                      || any                       | lubsequent order        |                   |                      || directa                   | any payment             |                   |                      || of                        |                         |                   |                      || money or                  | the delivery            |                   |                      || of                        | any                     | property to be    |                      || 35                        |                         |                   |                      || made                      | at a certain date       |                   |                      || or                        |                         |                   |                      || at                        |                         |                   |                      || recurrin,                 | periods,                |                   |                      || when default              |                         |                   |                      || in                        | makin,                  |                   |                      || tbe                       | payment or delivery     | in                |                      || respect of which          | ell:ccu-                |                   |                      || 40                        |                         |                   |                      || lion                      | is sought takes        |                   |                      || place:                    |                         |                   |                      || i                         |                         |                   |                      || provided that an applica- |                         |                   |                      || i                         |                         |                   |                      || don                       | for                     | the enforce-      |                      || ment or                   |                         |                   |                      || ell:e~tion                |                         |                   |                      || of                        | a                       |                   |                      || 45                        |                         |                   |                      || decree                    | ,rantln,                | a per-            |                      || petual                    | injunction              |                   |                      || ,han                      |                         |                   |                      || not be lubject to         | an y                    |                   |                      || period                    |                         |                   |                      || of                        | limitation             |                   |                      |136 three yean when the daht to apply accrue • ady other application for which no period of limitation ia ~rovided elsewhere in thil di'yilion  statement of objects and reasonsthis bill seeks to implement the third report of the law commission on the indian limitation act, 1908, with one important mocli1ication while giving effect to the recommendations of the commission as :respects the re-arrangement of the articles contained in the first schedule in accordance with their subject-matter and the rationalisation of the periods of limitation as far as possible, it is felt that it would be more advantageous to adhere to the existing scheme which in almost all cases indicates the specific point of time from which the period of limitation begins to run the notes on clauses explain in detail the provisions of the bill new delhi; a k sen the l~th december, 1960 clause 2-a new definition of "application" is being inserted so as to include a petition, original or otherwise 'i1le object is to provide a period of limitation far original applications and petitions under special laws as there is no such provision now consequential changes have been made in the definition of "applicant" 'i1le definitions of "plaintiff" and "defendant" as they stand in the present act include a person from or through whom a plaintiff or defendant derives his right or liability to sue or to be used 'i1le object of this inclusive definiticn is to make it clear that the cause of action for a person in whom the right to sue is vested and the person on whom the right has subsequently devolved is one and the same the position holds good in the case of executors, adlllinistrators and representatives also, and the inclusive definition is enlarged so as to make this position also clear the new definition of "prescribed period" will make it clear that the period of limitation specified in the schedule will have to be computed in accordance with the provisions of the act; that is to say, wherever they apply, the sections of the act will have the effect of extending the periods of limitation specified in the schedule clause 3-sub-clause (2) (b) provides that a claim by way of set-off or counter-claim shall be treated as a separate suit and that, in the case of a set-off, time should cease to run from the date of the suit in which it is pleaded as the set-off arises out of the same transaction and should relate back to the date of the suit; and that in the case of a counter-claim, time should cease to run from the date on which the claim is made as it is really in the nature of a separate suit sub-clause (2) (c) sets at rest the conflict of decisions as to when exactly time ceases to run in the case of an application by notice of motion it is now provided that time ceases to run when notice of motion is made and not when the notice is taken up by the courts view more favourable to the applicant clause 5-instead of leaving it to the different states or high couris to extend the application of section' 5 to applications other than thole enumerated in that section as now in force this clause provides for the automatic application of this section to all applications, other than those arising under order xxi of the code of civil procedure, 1908, relating to execution of decrees in the case of special or local laws it will be open to such laws to provide that section 5 will not apply clause 6-this reproduces section 6 of the existing act with the following modifications:-(a) in sub-clause (4) a clarificatory amendment is being made by the substitution of the words "at the date of the death of the person whom he represents" for the words "at the date of death affected by any such disability"; (b) sub-clause (5) which is new removes the conflict on the question whether, when a person under disability dies aftel" the disability ceases but within the time allowed to him by law to institute a suit, his legal representative can take advantage af the extended period to the same extent as in the case where the disability of a person continues upto his death clause 7-the word "discharge" in the existing section 7 has been liberally interpreted by the courts to include all kinds of discharge, and not merely discharge of money claims the explanation, is intended to make the position clear it is also made clear that, in the case of the manager of a hindu joint family governed by the mitakshara law, his authority to give a valid discharge can be inferred only when he is both the de jure and de facto manager clause 12-the existing section 12 is being amended,-(i) to include applications for revision within its scope; (ii) to provide expressly that the time requisite for obtaining a copy of the judgment in the case of an application for leave to appeal is also to be excluded; ,(iii) to make it clear that any delay in the office of the court in drawing up a decree or order before the application for a copy thereof is made, shall not be excluded clause 13-clause 13 is section 14 of the existing act with the following changes: -' - in sub-clause (1) for the words "cause of action" the words umatter in issue" are being substituted as the former expression tends to make the relief too narrow in sub-clause (3), which is new, it is provided that if a luit or application is withdrawn under order xxiii of the code of civil procedure, 1908, on grounds similar to those specified in this clause, the time spent in prosecuting such proceedings shall be excluded there is no justification for denying a litigant this right when the grounds of withdrawal are those contemplated by this clause and to this extent order xxiii r 2 requires to be superseded incidentally, prior proceedings in a court of revision ar~ also brought within the scope of this clause clause 14-ln sub-clause (2) provision is made for excluding the time taken in obtaining the consent of the central government or any other authority for instituting any proceedings (for example, under sectiens 86 and 87 of the code of civil procedure, 1908) such cases axe analogous to those which provide for statutory notices, the period of which is excluded by the existing section sub-clause (3) is new it is common knowledge that by the time a receiver or liquidator is appointed in insolvency or liquidaticn proceedings and the receiver or liquidator after getting information about the assets and liabilities of the estate sits down to the task of realising the assets of the estate, claims in favour of such estate or company get barred to the detriment o~ the persons entitled to the benefits of the assets to avoid this hardship this sub-clause provides that the period between the filing of the petition for winding up or adjudication and the appointment of the receiver (including interim receiver) or liquidator (including a provisional liquidator) and a period of three menths thereafter (to enable him to acquaint himself with the affairs of the estate) should be excluded sub-clauses (4) and (5) reproduce sections 13 and 16 of the existing act clause 15-section 17 of the existing act is confined to rights of action accruing after death in meyappa v subramanya (20 cwn ~3), the privy council observed that when the cause of action arises in favour ef a decreased person after his death time will at once begin to run scme courts have applied section 17 to cases ~here the right accrues on death as in the case of partnerships the clause, as now proposed to be amended, will make it applicable to rights of action accl'wni on death or thereafter clause 16,-section 18 of the existing act has been re-cast on the lines of section 26 of the limitation act, 1939, of the united kingdom so as to include actions based on fraud and also for relief founded on mistake the clause also seeks to afford suitable protection to purchasers for valuable consideration in all such cases sub-clause (2) incorporates the principle contained in the proviso to section 48 of the code of civil procedure, 1908, which now finds a place in this bill (see article 135) the benefit is, however, made available only if the application for extension is made within one year from the date of discovery of the fraud or cessation of force clause 17-under the schedule as now proposed, the time limit of 12 years for execution applications would not be capable of extension and, therefore, explanation (c) makes it clear that an application for the execution of a decree or order shall not be deemed to be an application in respect of any property or right clause 18-for the reasons stated against clause 17, the explanation is amended to provide that the expression "debt" shall not include money payable under a decree or order of a court clause 20-the existing section 22 is being amended so that an omission to implead a person owing to a bonafide mistake does not deprive him of his rights against that person if the court is satisfied in that behalf clauses 24 to 26-the law commission has proposed that sections 26 and 27 of the existing act, which deal with the acquisition of rights of easement by prescription, should be repealed and the indian easements act, 1882 (the provisions of sections 15 and 16 of which correspond to sections 26 and 27 of the existing act), should be extended to the territories to which sections 26 end 27 now apply the indian easements act, 1882, extends only to a few states, but as the pith and substance of that act relates to rights in or over land (an entry in the state list) it is not possible by a parliamentary law to extend that act to the remaining parts of india to which it does not now extend hence clauses 24 and 25 seek to continue the operation of sections 26 and 27 of the existing act as and when the indian easements act, 1882, is made applicable to any state by state legislation, sections 26 and 27 will automotically cease to apply thereto by reason of the provisions contained in clause 28 (4)  sections 24 to 26 can be formally repealed when action is taken by all ~he states to put the indian easements act, 1882, into force clause 28-sub-clause (2) amends section 29 (2) of the existing act to provide that the principles contained in clauses 4 to 23 apply uniformly to all special or local laws, in the absence of any local laws excluding the application of any or all of those provisions 1d my given case sub-clause (3) amplifies section 29 (3) of the existing act so 81 to exclude the application of this law to suits under any law dealing with marriage or divorce clauses 29 and 30-suitable provisions are being made to cover cases where the period of limitation is being reduced, a longer period being allowed in the case of suits for redemption, etc, as the period is being reduced from sixty years to thirty years in such cases in cases where the period is increased but the cause of action has already become barred, clause 30 makes it cleur that the rights will not be revived thereby  the first schedule first division part i-suits relating to accountarticles i, 2, 3, 4 and 5 reproduce existing articles 85, 88, 89, 90 and 106 and deal with suits for accounts  part ii-suits relating to contractsarticles 6 to 55 relating to contracts, including implied contraeta and quasi contracts, correspond to existing articles 7 to 9, 30, 31, 43 50 to 84, 86, 87, 97, 99 to 102, 107 to 111, 113, 115 and 116 all these articles are now grouped together, the period being ftxed at 3 year in all these cases wherever possible, articles which can be dealt with together have been combined (example: articles 7 and 102 have been combined in the new article 7) similarly, articles which may conveniently be omitted in favour of the residuary entry have been omitted (example, articles 80, 83, 84, 108 and 116 have all been omitted in favour of the new residuary entry 113) the distinction between contracts in writing registered and other contract is being done away with 8s not bein~ nec-esrary and the uniformity in the period prescribed for all suits founded on contracts (including those falling under the residuary entry 113) will remove the ever arising conflict under the present law as to which artiele al)'due&-whether the residuary article providin~ for a longer period of limitation or any other specif'e article providing for a shorter period  part ii1-declaratory suitarticles 56 and 57 reproduce existinll articles in and 118, and article 58 combines existinll arttcles 93, 119 and 12ft all these articles relate to suits for declaration in respect of different matten  part iv- suit, relating to decrees and instrumentaarticle 59 combines existing articles 91 and 114, and article 60 reproduces existing article 44 but is amplified to cover cases where the ward dies before attaining majority or within three years after attaining majority  part v-suits relating to immovable propertyarticle 61 replaces existing articles 148, 134 (in so far as it relates to mortgages) and 105, with the modification that in respect of suits for redemption the period is being reduced from 60 years to 30 years (and not to 12 yeats as recommended by the law commission) article 62 replaces existing article 132, at the same time making it clear that the article applies to mortgages also article 63 replaces existing articles 147, 135 and 146, the period of limitation in respect of suits for foreclosure being reduced from 60 years to 30 years in conformity with the period now being pre-bcl'ibed for suits for redemption articles 142 and 144 of the existing act have given rise to a good deal of confusion with respect to suits for possession by owners of property article 64 as proposed replaces article 142, but is restricted to suits based on possessory title so that an owner of property does dot lose his right to the property unless the defendant in possession is able to prove adverse possession article 65 is new and deals with suits based on title this will cover existing articles 136, 137 and 138 which are all suits based on title-that is to say, suits based on the title of the predecessor-ininterest of the purchaser, whether under an ordinary purchase or an execution sale existing article 47 may also be left to be covered  by the new article 65 as recommended by the law commission in paragraph 124 of its report in view of article 65, existing article 144 is unnecessary the provisions of existing articles 140 and 141 are being incorporated as suitable explanations to the new article 65 the last explanation to the new article 65 is intended to make itc1ear that a purchaser at a sale in execution of a decree shall be deemed to be a representative of the judgment-debtor who was out of po88ession at the date of the sale although it may be unnecessary in view of the definition of "plaintiff" which includes a person from or through whom the plaintiff derives his right to sue articles 66 and 67 reproduce existing articles 143 and 139 part vi-suits relating to moveable property articles 68, 69, 70 and 71 reproduce existing articles 48 (first part) i 49 (first part), 145 and 48a (second part) respectively in the new article 70, the date of refusal after demand is made the startina point of limitation and there would then be no need for a 30 years period as in the existing article 145   part vii-suits relating to tortarticles 72 to 91 which correspond to existing articles 2, 19 to 29 and 32 to 42 deal with suits based on tort most of the existing articles are being retained and the existing periods of limitation are also not being changed except in a few cases for example, the new article 72, which reproduces existing article 2 increases the period from 90 days to one year as being more reasonable articles 22 and 36 have been omitted in favour of the residuary entry 173 article 91 reproduces the latter part of articles 48 and 49  part viii-suits relating to trusts and trust propertyarticles 92 to 96 reproduce respectively existing articles 134 (first part), 48a (first part), 134a, 48b, 134b and 134c in the new article 96, replacing existing articles 134b and 134c, an amendment is made whereby the date of appointment of a new manager is also made the starting point of limitation in suitable cases  part ix-suits relating to miscellaneous mattersthis part groups together articles which cannot be included within any of the earlier parts article 97 reproduces existing article 10 article 98 combines existing articles 11 and lla article 99 replaces existing article 12 article 100 combines articles 13 and 14 article 101 combines existing articles 117 and 122 but reduces the period to three years articles 102, 103, and 105 reproduce existing articles 94, 98, 131 and 128 article 106 reproduces existing article 123 with the modiftcation that it is intended to apply where the suit is brought against an executor or administrator or some person legally charged with the duty of distributing the estate articles 107, 108, 109, 110, 111 and 112 reproduce respectively existing articles 124, 125, 126, 127, 146a and 149 in article 112 dealing with suit by or on behalf of the government, (which correspcnds to existing article 149) the period is' reduced from 60 years to 30 years, which will also bring the period in accord with that prescribed for local authorities under article 111 (which corresponds to existing article 146a)  part x-suits for which there is no prescribed periodarticle 113 (which corresponds to existing article 120) is the residuary article for cases not covered by the earlier parts and the period is fixed at three years so that no special advantage would be gained by anyone seeking to prove that the residuary article applies  second division-appealsarticle 114 replaces existing article 157 with the addition that appeals against orders of acquittal in cases instituted on private complaints where special leave has been obtained should be filed within one month from the grant of leave article 115 combines existing articles 150, 152, 154, 155, 156 and provides a uniform period gf 30 days for all appeals article 116 replaces existing article 151 and provides a period of 30 days for all appeals to a uigh court against its own decrees or orders  third division-applications part i-applications in specified casesarticle 117 reproduces existing article 159 article 118 combines existing articles 178 and 158 article 119 combines existing articles 176 and 177 but reduces the period to 30 days from 90 days and article 120 reproduces existing article 171, but reduces the period to 30 days the reduction of the period in the case of the new articles 119 and 120 will not work any hardship as the court will have the power to excuse delay under the altered provisions of clause 5 of the bill article 121, in replacement of existing articles 160, 163, 168 and 172, provides a uniform period of 30 days for setting aside orders of dismissal for defaults, like failure to appear etc   article 122 combines existing articles 164 and 169 the explanation seeks to override the case-law that the expression "duly served" in column 3 includes substituted service article 123 groups together existing articles 161, 162 and 173 and provides a uniform period of 30 days for all cases of review articles 124 and 125 replace existing articles 174 and 175   articles 126, 127 and ·128 reproduce existing articles 166, 165 and 167 article 129 reproduces existing article 170  article 130 is new articles 131 and 132 replace existing articles 153 and 179 by more comprehensive provisions for applications to the high court for certificate of fitness to appeal to the supreme court or for special leave to appeal to the supreme court in all civil and criminal matters article 133 as existing article 182 is being omitted, article 180 which the proposed article 133 seeks to replace, will apply to all purchasers in execution, whether decree holders or not the period however, is being reduced to one year from three years article 134 is new and deals with decrees granting mandatory inj unctions article 135 existing article 182 has been a fruitful source of litigation and therefore the proposed article 135, in lieu thereof, provides that the maximum period of limitation for the execution of a decree or order of any civil court shan be 12 years from the date when the decree or order became enforceable (which is usually the date of the decree or order) or, where the decree or subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, from the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree or order there is no reason why a decree should be kept alive for more than 12 years section 48 of the code of civil procedure, 1908, provides that a decree ceases to be enforceable after 12 years in england also the time fixed for enforcing a judgment is 12 years where however, the judgment-debtor has by fraud or force prevented the execution of a decree within the prescribed period suitable provisions for extending the period are being made in clause 16 of the bill on the lines of section 48(2) of the code of civil procedure, 1908 existing article 183, which makes special provision for decrees and orders of courts established by royal charter, is no longer necessary it is also provided that the period of 12 years will not apply to decrees granting perpetual injunctions  part li~ther applicationsarticle 136 as in the case of suits, article 136, which corresponds to existing article 181, is the residuary article for all applications, including petitions existing articles 1,3,5, 6, 15, 16, 17, 18, 45,46, 103, 104, 112, 121 pd 130 have been omitted as recommended by the law commiuioq  - - - 15 where the access and use of light or air to and for any building acquisiticm have been peaceably enjoyed therewith, as an easement, without ~y prescrip- t  d f tlodo m erruptlon, an or twenty years, and where support from one person's land or things affixed thereto has been peaceably received by another persons' land subjected to artificial pressure or by things affixed thereto, as an easement, without interruption, and for twenty years, and where a right of way or any other easement has been peaceably and openly enjoyed by any person claiming title thereto, as an easement, and as of right, without interruption, and for twenty years, the right to such access and use of light or air, support or other easement shall be absolute each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested explanation i-nothing is an enjoyment within the meaning of this section when it has been had in pursuance of an agreement with the owner or occupier of the property over which the right is claim: ed, and it is apparent from the agreement iliat such right has not been granted as an easement, or, if granted as an easement, that it has been granted for a limited period, or s~bject to a condition on /'the fulfilment of which it is to cease explanation h-nothing is an interruption within the meaning of this section unless where there is an actual cessation of the enjoyment by reason of an obstruction by the act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorising the same to be made explanation ill-suspension of enjoyment in pursuance of a contract between the dominant and servient owners is not an interruption within the meaning of this section explanation iv-in the case of an easement to pollute water, the said period of twenty years begins when the pollution first prejudices perceptibly the servient heritage  - when the property over which a right is claimed under this section belongi to the government, this section shall be read as if, for the words "twenty years" the words "sixty years" were substituted - - - -  extract from the code of civil procedure, 1908 (no 5 of 1908) - • - •bxecution 48 (1) where an application to execute a decree not being a barred in decree granting an injunction has been made, no order for the execertain cases cutton of the same decree shall be made upon any fresh application presented after the expiration of twelve years from-(a) the date of the decree sought to be executed, or, (b) where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, the date of the default in making the payment or delivery in respect of which the applicant seeks to execute the decree  (2) nothing in this section shall be deemed-(a) to preclude the court from ordering the execution of a decree upon an application presented after the expiration of the said term of twelve years, where the judgment-debtor has, by fraud or force, prevented the execution of the decree at some time within twelve years immediately before the date of the application; or (b) to limit or otherwise affect the operation of article 183 of the first schedule to the indian limitation act, loo8, - - - - ipnd-ls i-51 moflaw-19-u-60-loo a bill to consolidate and amend the law for the limitation of suits and other proceediqs and tor purposes connected therewith  (shri aloi k slit, minuur of lard) 