Section 2. On and from that day the Acts mentioned in the first schedule hereto annexed shall be repealed to the extent therein specified

2. On and from that day the Acts mentioned in the first schedule hereto annexed shall be repealed to the extent therein specified. But all references to the Indian Limitation Act, 1871, shall be read as if made to this Act; and nothing herein or in that Act contained shall be deemed to affect any title acquired, or to revive any right to Preamble. Short title. Extent of Act. Commencement. Repeal of Acts. References to Act IX of 1871. Saving of 620 Limitation. [ACT XV titles already acquired. Saving of Act IX of 1872, s. 25. Soits for which period prescribed by this Act is shorter than that prescribed by Act IX of 1871. to sue barred, under that Act or under any enactment thereby repealed; and nothing herein contained shall be deemed to affect the Indian Contract Act, section 25. FIRST DIVISION: SUITS—continued. ACT XV THE SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 30.—Against a carrier for compensation for losing or injuring goods. | Part V.—Two years. | When the loss or injury occurs. | | 31.—Against a carrier for compensation for delay in delivering goods. | Two years ... | When the goods ought to be delivered. | | 32.—Against one who, having a right to use property for specific purposes, perverts it to other purposes. | Ditto | When the perversion first becomes known to the person injured thereby. | | 33.—Under Act No. XII of 1855 (to enable executors, administrators or representatives to sue and to be sued for certain wrongs) against an executor, administrator or other representative. | Ditto | When the wrong complained of is done. | | 34.—For the recovery of a wife. | Ditto | When possession is demanded and refused. | | 35.—For the restitution of conjugal rights. | Ditto | When restitution is demanded and is refused by the husband or wife, being of full age and sound mind. | | 36.—For compensation for any malfeasance, misfeasance or nonfeasance independent of contract and not herein specially provided for. | Ditto | When the malfeasance, misfeasance or nonfeasance takes place. | 1877.] Limitation. 639 THE SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. FIRST DIVISION: SUITS—continued. ACT XV Part VI.—Three years,—contd. | Time from which period begins to run. | | --- | --- | --- | | 59.—For money lent under an agreement that it shall be payable on demand. | Three years ... Ditto ... | When the loan is made. | | 60.—For money deposited under an agreement that it shall be payable on demand. | Ditto ... | When the demand is made. | | 61.—For money payable to the plaintiff for money paid for the defendant. | Ditto ... | When the money is paid. | | 62.—For money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff's use. | Ditto ... | When the money is received. | | 63.—For money payable for interest upon money due from the defendant to the plaintiff. | Ditto ... | When the interest becomes due. | | 64.—For money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them. | Ditto ... | When the accounts are stated in writing signed by the defendant or his agent duly authorised in this behalf, unless where the debt is, by a simultaneous agreement in writing signed as aforesaid, made payable at a future time, and then when that time arrives. | 1877.] Limitation. 643 THE SECOND SCHEDULE—continued. FIRST DIVISION : SUITS—continued. THE SECOND SCHEDULE—continued. THIRD DIVISION: APPLICATIONS. | Description of application. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 158.—Under the Code of Civil Procedure to set aside an award. | Ten days | When the award is submitted to the Court. | | 159.—For leave to appear and defend a suit under chapter XXXIX of the Code of Civil Procedure. | Ditto | When the summons is served. | | 160.—For an order under section 629 of the same Code restoring to the file a rejected application for review. | Fifteen days | When the application for review is rejected. | | 161.—For an order under section 258 of the same Code compelling a decree-holder to certify payment or adjustment. | Ditto | When the payment or adjustment is made. | | 162.—For a review of judgment by any of the High Courts of Judicature at Fort William, Madras and Bombay in the exercise of its original jurisdiction. | Twenty days | The date of the decree or order. | | 163.—By a plaintiff for an order to set aside a dismissal by default. | Thirty days | The date of the dismissal. | | 164.—By a defendant for an order to set aside a judgment ex parte. | Ditto | The date of executing any process for enforcing the judgment. | 1877.] Limitation. THE SECOND SCHEDULE—continued. THIRD DIVISION: APPLICATIONS—continued. THE SECOND SCHEDULE—continued. THIRD DIVISION: APPLICATIONS—continued. | Description of application. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | | | tion mentioned in clause 4 of this Number shall take effect in favour only of such of the said persons or their representatives as it may be made by. But when the decree or order has been passed jointly in favour of more persons than one, such application, if made by any one or more of them, or by his or their representatives, shall take effect in favour of them all. Where the decree or order has been passed severally against more persons than one, distinguishing portions of the subject-matter as payable or deliverable by each, the application shall take effect against only such of the said persons or their representatives as it may be made against. But where the decree or order has been passed jointly against more persons than one, the application, if made against any one or more of them, or against his or their representatives, shall take effect against them all. | 1877.] Limitation. 663 THE SECOND SCHEDULE—concluded. THIRD DIVISION: APPLICATIONS—concluded. Notwithstanding anything herein contained, any suit mentioned in No. 146 of the second schedule hereto annexed may be brought within five years next after the said first day of October 1877, unless where the period prescribed for such suit by the said Indian Limitation Act, 1871, shall have expired before the completion of the said five years; and any other suit for which the period of limitation prescribed by this Act is shorter than the period of limitation prescribed by the said Indian Limitation Act, 1871, may be brought within two years next after the said first day of October 1877, unless where the period prescribed for such suit by the same Act shall have expired before the completion of the said two years. Interpretation-clause. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 37.—For compensation for obstructing a way or a watercourse. | Part VI.—Three years. Three years ... | The date of the obstruction. | | 38.—For compensation for diverting a watercourse. | Ditto ... | The date of the diversion. | | 39.—For compensation for trespass upon immoveable property. | Ditto ... | The date of the trespass. | | 40.—For compensation for infringing copyright or any other exclusive privilege. | Ditto ... | The date of the infringement. | | 41.—To restrain waste ... | Ditto ... | When the waste begins. | | 42.—For compensation for injury caused by an injunction wrongfully obtained. | Ditto ... | When the injunction ceases. | | 43.—Under the Indian Succession Act, 1865, section 320 or 321, to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets. | Ditto ... | The date of the payment or distribution. | | 44.—By a ward who has attained majority, to set aside a sale by his guardian. | Ditto ... | When the ward attains majority. | | 45.—To contest an award under any of the following Regulations of the Bengal Code:— VII of 1822, IX of 1825, and IX of 1833. | Ditto ... | The date of the final award or order in the case. | 640 Limitation. [ACT XV] THE SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 65.—For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency. | Part VI.—Three years,—contd. Three years ... | When the time specified arrives or the contingency happens. | | 66.—On a single bond where a day is specified for payment. | Ditto ... | The day so specified. | | 67.—On a single bond where no such day is specified. | Ditto ... | The date of executing the bond. | | 68.—On a bond subject to a condition. | Ditto ... | When the condition is broken. | | 69.—On a bill of exchange or promissory note payable at a fixed time after date. | Ditto ... | When the bill or note falls due. | | 70.—On a bill of exchange payable at sight, or after sight, but not at a fixed time. | Ditto ... | When the bill is presented. | | 71.—On a bill of exchange accepted payable at a particular place. | Ditto ... | When the bill is presented at that place. | | 72.—On a bill of exchange or promissory note payable at a fixed time after sight or after demand. | Ditto ... | When the fixed time expires. | | 73.—On a bill of exchange or promissory note payable on demand and not accompanied by any writing restraining or postponing the right to sue. | Ditto ... | The date of the bill or note. | Limitation. [ACT XV THE SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. | Description of application. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 165.—Under the Code of Civil Procedure, by a person dispossessed of immoveable property, and disputing the right of the decreholder or purchaser at a sale in execution of a decree to be put into possession. | Thirty days ... | The date of the dispossession. | | 166.—To set aside a sale in execution of a decree, on the ground of irregularity in publishing or conducting the sale. | Ditto | The date of the sale. | | 167.—Complaining of resistance or obstruction to delivery of possession of immoveable property decreed or sold in execution of a decree, or of dispossession in the delivery of possession to the decreholder or the purchaser of such property. | Ditto | The date of the resistance, obstruction or dispossession. | | 168.—For re-admission of an appeal dismissed for want of prosecution. | Ditto | The date of the dismissal. | | 169.—For a re-hearing of an appeal heard ex parte in the absence of the respondent. | Ditto | The date of the decree in appeal. | | 170.—For leave to appeal as a pauper. | Ditto | The date of the decree appealed against. | | 171.—Under section 363 or 365 of the Code of Civil Procedure by a person claiming to be the legal representative of a deceased plaintiff. | Sixty days ... | The date of the plaintiff's death. | 660 Limitation. [A. THE SECOND SCHEDULE—continued. THIRD DIVISION: APPLICATIONS—continued. | Description of application. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 180.—To enforce a judgment, decree or order of any Court established by Royal Charter in the exercise of its ordinary original civil jurisdiction, or an order of Her Majesty in Council. | Twelve years... | *Explanation II.*—"Proper Court" means the Court whose duty it is (whether under section 226 or 227 of the Code of Civil Procedure or otherwise) to execute the decree or order. When a present right to enforce the judgment, decree or order accrues to some person capable of releasing the right: Provided that when the judgment, decree or order has been revived, or some part of the principal money secured thereby, or some interest on such money, has been paid, or some acknowledgment of the right thereto has been given in writing signed by the person liable to pay such principal or interest, or his agent, to the person entitled thereto or his agent, the twelve years shall be computed from the date of such revivor, payment or acknowledgment, or the latest of such revivors, payments or acknowledgments, as the case may be. | | Description of application. | Period of limitation. | Time from which peri begins to run. | | --- | --- | --- | | 172.—By a purchaser at an execution-sale to set aside the sale on the ground that the person whose interest in the property purported to be sold had no saleable interest therein. | Sixty days ... | The date of the sale. | | 173.—For a review of judgment, except in the cases provided for by No. 162. | Ninety days ... | The date of the decree or order. | | 174.—By a creditor of an insolvent judgment-debtor under section 353 of the Code of Civil Procedure. | Ditto ... | The date of the publication of the schedule. | | 175.—For payment of the amount of a decree by instalments. | Six months ... | The date of the decree. | | 176.—Under the Code of Civil Procedure, section 516 or 525, that an award be filed in Court. | Ditto ... | The date of the award. | | 177.—For the admission of an appeal to Her Majesty in Council. | Ditto ... | The date of the decree appealed against. | | 178.—Applications for which no period of limitation is provided elsewhere in this schedule, or by the Code of Civil Procedure, section 230. | Three years ... | When the right to apply accrues. | | 179.—For the execution of a decree or order of any Civil Court not provided for by No. 180 or by the Code of Civil Procedure, section 230. | Ditto; or, where a certified copy of the decree or order has been registered, six years. | 1 The date of the decree or order, or 2 (where there has been an appeal) the date of the final decree or order of the Appellate Court, or | FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 74.—On a promissory note or bond payable by instalments. | Part VI.—Three years,—contd. Three years ... | The expiration of the first term of payment, as to the part then payable; and, for the other parts, the expiration of the respective terms of payment. | | 75.—On a promissory note or bond payable by instalments, which provides that, if default be made in payment of one instalment, the whole shall be due. | Ditto | When the first default is made, unless where the payee or obligee waives the benefit of the provision, and then when fresh default is made in respect of which there is no such waiver. | | 76.—On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen. | Ditto | The date of the delivery to the payee. | | 77.—On a dishonoured foreign bill where protest has been made and notice given. | Ditto | When the notice is given. | | 78.—By the payee against the drawer of a bill of exchange which has been dishonoured by non-acceptance. | Ditto | The date of the refusal to accept. | | 79.—By the acceptor of an accommodation-bill against the drawer. | Ditto | When the acceptor pays the amount of the bill. | 1877.] Limitation. 645 THE SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. 1877.] Limitation. THE SECOND SCHEDULE—continued. THIRD DIVISION: APPLICATIONS—continued. | Description of application. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | | | 3 (where there has been a review of judgment) the date of the decision passed on the review, or | | | | 4 (where the application next hereinafter mentioned has been made) the date of applying in accordance with law to the proper Court for execution, or to take some step in aid of execution, of the decree or order, or | | | | 5 (where the notice next hereinafter mentioned has been issued) the date of issuing a notice under the Code of Civil Procedure, section 248, or | | | | 6 (where the application is to enforce any payment which the decree or order directs to be made at a specified date) the date so specified. | | | | Explanation I.—Where the decree or order has been passed severally in favour of more persons than one, distinguishing portions of the subject-matter as payable or deliverable to each, the application | 5 M 662 Limitation. [ACT FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 80.—Suit on a bill of exchange, promissory note or bond not herein expressly provided for. | Part VI.—Three years,—contd. Three years ... | When the bill, note, or bond becomes payable. | | 81.—By a surety against the principal debtor. | Ditto | When the surety pays the creditor. | | 82.—By a surety against a co-surety. | Ditto | When the surety pays anything in excess of his own share. | | 83.—Upon any other contract to indemnify. | Ditto | When the plaintiff is actually damnified. | | 84.—By an attorney or vakil for his costs of a suit or a particular business, there being no express agreement as to the time when such costs are to be paid. | Ditto | The date of the termination of the suit or business, or (where the attorney or vakil properly discontinues the suit or business) the date of such discontinuance. | | 85.—For the balance due on a mutual, open, and current account, where there have been reciprocal demands between the parties. | Ditto | The close of the year in which the last item admitted or proved is entered in the account; such year to be computed as in the account. | | 86.—On a policy of insurance when the sum assured is payable immediately after proof of the death or loss has been given to or received by the insurers. | Ditto | When proof of the death or loss is given or received to or by the insurers, whether by or from the plaintiff, or any other person. | FIRST DIVISION: SUITS—continued. ACT XV 4-F Limitation. THE SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 87.—By the assured to recover premia paid under a policy voidable at the election of the insurers. | Part VI.—Three years,—contd. Three years ... | When the insurers elect to avoid the policy. | | 88.—Against a factor for an account. | Ditto | When the account is, during the continuance of the agency, demanded and refused, or, where no such demand is made, when the agency terminates. | | 89.—By a principal against his agent for moveable property received by the latter and not accounted for. | Ditto | Ditto. | | 90.—Other suits by principals against agents for neglect or misconduct. | Ditto | When the neglect or misconduct becomes known to the plaintiff. | | 91.—To cancel or set aside an instrument not otherwise provided for. | Ditto | When the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him. | | 92.—To declare the forgery of an instrument issued or registered. | Ditto | When the issue or registration becomes known to the plaintiff. | | 93.—To declare the forgery of an instrument attempted to be enforced against the plaintiff. | Ditto | The date of the attempt. | 1877.] Limitation. THE SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 94.—For property which the plaintiff has conveyed while insane. | Part VI.—Three years,—contd. Three years ... | When the plaintiff is restored to sanity, and has knowledge of the conveyance. | | 95.—To set aside a decree obtained by fraud, or for other relief on the ground of fraud. | Ditto | When the fraud becomes known to the party wronged. | | 96.—For relief on the ground of mistake. | Ditto | When the mistake becomes known to the plaintiff. | | 97.—For money paid upon an existing consideration which afterwards fails. | Ditto | The date of the failure. | | 98.—To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. | Ditto | The date of the trustee's death, or, if the loss has not then resulted, the date of the loss. | | 99.—For contribution by a party who has paid the whole amount due under a joint decree, or by a sharer in a joint estate who has paid the whole amount of revenue due from himself and his co-sharers. | Ditto | The date of the plaintiff's advance in excess of his own share. | | 100—By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution. | Ditto | When the right to contribution accrues. | | 101.—For a seaman's wages ... | Ditto | The end of the voyage during which the wages are earned. | 648 Limitation. [ACT XV THE SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. ACT XV First Division: Suits—continued. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 102.—For wages not otherwise expressly provided for by this schedule. | Part VI.—Three years,—contd. Three years ... | When the wages accrue due. | | 103.—By a Muhammadan for exigible dower (mu'ajjal). | Ditto | When the dower is demanded and refused, or (where during the continuance of the marriage no such demand has been made) when the marriage is dissolved by death or divorce. | | 104.—By a Muhammadan for deferred dower (mu'wajjal). | Ditto | When the marriage is dissolved by death or divorce. | | 105.—By a mortgagor after the mortgage has been satisfied, to recover surplus collections received by the mortgagee. | Ditto | When the mortgagor re-enters on the mortgaged property. | | 106.—For an account and a share of the profits of a dissolved partnership. | Ditto | The date of the dissolution. | | 107.—By the manager of a joint estate of an undivided family for contribution in respect of a payment made by him on account of the estate. | Ditto | The date of the payment. | | 108.—By a lessor for the value of trees cut down by his lessee contrary to the terms of the lease. | Ditto | When the trees are cut down. | 1877.] Limitation. 649 THE SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 109.—For the profits of immoveable property belonging to the plaintiff which have been wrongfully received by the defendant. | Part VI.—Three years,—contd. Three years ... | When the profits are received, or, where the plaintiff has been dispossessed by a decree afterwards set aside on appeal, when he recovers possession. | | 110.—For arrears of rent ... | Ditto ... | When the arrears become due. | | 111.—By a vendor of immoveable property to enforce his lien for unpaid purchase-money. | Ditto ... | The time fixed for completing the sale, or (where the title is accepted after the time fixed for completion) the date of the acceptance. | | 112.—For a call by a company registered under any Statute or Act. | Ditto ... | When the call is payable. | | 113.—For specific performance of a contract. | Ditto ... | The date fixed for the performance, or if no such date is fixed, when the plaintiff has notice that performance is refused. | | 114.—For the rescission of a contract. | Ditto ... | When the facts entitling the plaintiff to have the contract rescinded first become known to him. | Limitation. [ACT X THE SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 115.—For compensation for the breach of any contract, express or implied, not in writing registered and not herein specially provided for. | Part VI.—Three years,—contd. Three years ... | When the contract is broken, or (where there are successive breaches) when the breach in respect of which the suit is instituted occurs, or (where the breach is continuing) when it ceases. | | 116.—For compensation for the breach of a contract in writing registered. | Part VII.—Six years. Six years ... | When the period of limitation would begin to run against a suit brought on a similar contract not registered. | | 117.—Upon a foreign judgment as defined in the Code of Civil Procedure. | Ditto ... | The date of the judgment. | | 118.—To obtain a declaration that an alleged adoption is invalid, or never in fact took place. | Ditto ... | When the alleged adoption becomes known to the plaintiff. | | 119.—To obtain a declaration that an adoption is valid. | Ditto ... | When the rights of the adopted son as such are interfered with. | | 120.—Suit for which no period of limitation is provided elsewhere in this schedule. | Ditto ... | When the right to sue accrues. | 1877.] Limitation. 651 THE SECOND SCHEDULE.—continued. FIRST DIVISION: Suits—continued. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 121.—To avoid incumbrances or under-tenures in an entire estate sold for arrears of Government revenue, or in a *patni taluq* or other saleable tenure sold for arrears of rent. | Part VIII.—Twelve years. Twelve years... | When the sale becomes final and conclusive. The date of the judgment or recognizance. | | 122.—Upon a judgment obtained in British India, or a recognizance. | Ditto | ... | | 123.—For a legacy or for a share of a residue bequeathed by a testator, or for a distributive share of the property of an intestate. | Ditto | ... | | 124.—For possession of an hereditary office. | Ditto | ... | | | | | 652 Limitation. [ACT 1] THE SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 125.—Suit during the life of a Hindú or Muhammadan female by a Hindú or Muhammadan who, if the female died at the date of instituting the suit, would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void except for her life or until her remarriage. | Part VIII.—Twelve years,—continued. Twelve years... | The date of the alienation. | | 126.—By a Hindú governed by the law of the Mitákshará to set aside his father's alienation of ancestral property. | Ditto | When the alienee takes possession of the property. | | 127.—By a person excluded from joint-family property to enforce a right to share therein. | Ditto | When the exclusion becomes known to the plaintiff. | | 128.—By a Hindú for arrears of maintenance. | Ditto | When the arrears are payable. | | 129.—By a Hindú for a declaration of his right to maintenance. | Ditto | When the right is denied. | | 130.—For the resumption or assessment of rent-free land. | Ditto | When the right to resume or assess the land first accrues. | | 131.—To establish a periodically recurring right. | Ditto | When the plaintiff is first refused the enjoyment of the right. | 1877.] Limitation. THE SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 132.—To enforce payment of money charged upon immoveable property. *Explanation.*—The allowance and fees respectively called *málikána* and *haggs* shall, for the purpose of this clause, be deemed to be money charged upon immoveable property. | Part VIII.—Twelve years,—continued. Twelve years... | When the money sued for becomes due. | | 133.—To recover moveable property conveyed or bequeathed in trust, deposited or pawned, and afterwards bought from the trustee, depositary or pawnee for a valuable consideration. | Ditto | The date of the purchase. | | 134.—To recover possession of immoveable property conveyed or bequeathed in trust or mortgaged and afterwards purchased from the trustee or mortgagee for a valuable consideration. | Ditto | Ditto. | | 135.—Suit instituted in a Court not established by Royal Charter by a mortgagee for possession of immoveable property mortgaged. | Ditto | When the mortgagor's right to possession determines. | 4 L 654 Limitation. [ACT XV THE SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 136.—By a purchaser at a private sale for possession of immoveable property sold, when the vendor was out of possession at the date of the sale. | Part VIII.—Twelve years,—continued. Twelve years... | When the vendor is first entitled to possession. | | 137.—Like suit by a purchaser at a sale in execution of a decree, when the judgment-debtor was out of possession at the date of the sale. | Ditto | When the judgment-debtor is first entitled to possession. | | 138.—By a purchaser of land at a sale in execution of a decree, for possession of the purchased land, when the judgment-debtor was in possession at the date of the sale. | Ditto | The date of the sale. | | 139.—By a landlord to recover possession from a tenant. | Ditto | When the tenancy is determined. | | 140.—By a remainderman, a reversioner (other than a landlord), or a devisee, for possession of immoveable property. | Ditto | When his estate falls into possession. | | 141.—Like suit by a Hindú or Muhammadan entitled to the possession of immoveable property on the death of a Hindú or Muhammadan female. | Ditto | When the female dies. | 1877.] Limitation. 655 THE SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 142.—For possession of immoveable property, when the plaintiff, while in possession of the property, has been dispossessed or has discontinued the possession. | Part VIII.—Twelve years,—continued. Twelve years... | The date of the dispossession or discontinuance. | | 143.—Like suit, when the plaintiff has become entitled by reason of any forfeiture or breach of condition. | Ditto | When the forfeiture is incurred or the condition is broken. | | 144.—For possession of immoveable property or any interest therein not hereby otherwise specially provided for. | Ditto | When the possession of the defendant becomes adverse to the plaintiff. | | 145.—Against a depositary or pawnee to recover moveable property deposited or pawned. | Part IX.—Thirty years. Thirty years... | The date of the deposit or pawn. | | 146.—Before a Court established by Royal Charter in the exercise of its ordinary original civil jurisdiction by a mortgagee to recover from the mortgagor the possession of immoveable property mortgaged. | Ditto | When any part of the principal or interest was last paid on account of the mortgage debt. | | 147.—By a mortgagee for foreclosure or sale. | Part X.—Sixty years. Sixty years... | When the money secured by the mortgage becomes due. | Limitation. [ACT XV THE SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—concluded. FIRST DIVISION: SUITS—continued. ACT XV | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 148.—Against a mortgagee to redeem or to recover possession of immoveable property mortgaged. | Part X.—Sixty years,—concluded. Sixty years ... | When the right to redeem or to recover possession accrues. Provided that all claims to redeem, arising under instruments of mortgage of immoveable property situate in British Burma, which have been executed before the first day of May 1863, shall be governed by the rules of limitation in force in that province immediately before the same day. | | 149.—Any suit by or on behalf of the Secretary of State for India in Council. | Ditto ... | When the period of limitation would begin to run under this Act against a like suit by a private person. | SECOND DIVISION: APPEALS. | Description of appeal. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 150.—Under the Code of Criminal Procedure from a sentence of death passed by a Sessions Judge. | Seven days' ... | The date of the sentence. | 1877.] Limitation. 657 THE SECOND SCHEDULE—continued. SECOND DIVISION: APPEALS—concluded. FIRST DIVISION: SUITS—continued. ACT XV | Description of appeal. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 151.—From a decree or order of any of the High Courts of Judicature at Fort William, Madras and Bombay in the exercise of its original jurisdiction. | Twenty days ... | The date of the decree or order. | | 152.—Under the Code of Civil Procedure to the Court of a District Judge. | Thirty days ... | The date of the decree or order appealed against. | | 153.—Under the same Code, section 601, to a High Court. | Ditto ... | The date of the order refusing the certificate. | | 154.—Under the Code of Criminal Procedure to any Court other than a High Court. | Ditto ... | The date of the sentence or order appealed against. | | 155.—Under the same Code to a High Court except in the cases provided for by No. 150 and No. 157. | Sixty days ... | Ditto. | | 156.—Under the Code of Civil Procedure to a High Court except in the cases provided for by No. 151 and No. 153. | Ninety days ... | The date of the decree or order appealed against. | | 157.—Under the Code of Criminal Procedure from a judgment of acquittal. | Six months ... | The date of the judgment appealed against. | 658 Limitation. 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