Repealed or not in force · As amended up to 2026-08
13. In computing the period of limitation prescribed for any suit, the time during which the defendant has been absent from British India shall be excluded.
3. In this Act, unless there be something repugnant in the subject or context—
'plaintiff' includes also any person from or through whom a plaintiff derives his right to sue; 'applicant' includes also any person from or through whom an applicant derives his right to apply; and 'defendant' includes also any person from or through whom a defendant derives his liability to be sued:
'casement' includes also 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:
'bill of exchange' includes also a hundi and a cheque:
'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:
'promissory note' means any instrument whereby the maker engages absolutely to pay a specified sum of
1877.] Limitation. 621
of money to another at a time therein limited, or on demand, or at sight:
'trustee' does not include a benámidár, a mortgagee remaining in possession after the mortgage has been satisfied, or a wrong-doer in possession without title:
'suit' does not include an appeal or an application:
'registered' means duly registered in British India under the law for the registration of documents in force at the time and place of executing the document, or signing the decree or order, referred to in the context:
'foreign country' means any country other than British India;
and nothing shall be deemed to be done in 'good faith' which is not done with due care and attention.
---
Source: India Code