Section 1. concld

THE FIRST SCHEDULE—concld. THIRD DIVISION: APPLICATIONS—concld. | Description of application. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 183.—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 His Majesty in Council. | Twelve years. | 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. | THIRD DIVISION: APPLICATIONS—contd. [ACT IX] THE FIRST SCHEDULE—contd. THIRD DIVISION: APPLICATIONS—contd. [ACT IX] | Description of application. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 174.—For the issue of a notice under the same Code, to show cause why any payment made out of Court of any money payable under a decree or any adjustment of the decree should not be recorded as certified. | Ninety days | When the payment or adjustment is made. | | 175.—For payment of the amount of a decree by instalments. | Six months | The date of the decree. | | 176.—Under the same Code to have the legal representative of a deceased plaintiff or of a deceased appellant made a party. | Ditto | The date of the death of the deceased plaintiff or appellant. | | 177.—Under the same Code to have the legal representative of a deceased defendant or of a deceased respondent made a party. | Ditto | The date of the death of the deceased defendant or respondent. | | 178.—Under the same Code for the filing in Court of an award in a suit made in any matter referred to arbitration by order of the Court, or of an award made in any matter referred to arbitration without the intervention of a Court. | Ditto | The date of the award. | 179.—Bj 1908.] Limitation. 455 (The First Schedule.—Third Division: Applications.) THE FIRST SCHEDULE—contd. THIRD DIVISION: APPLICATIONS—contd. FIRST DIVISION: SUITS—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | (d) sale of a patni taluq sold for current arrears of rent. | Part IV.—One year—contd. | | | Explanation.—In this article "patni" includes any intermediate tenure saleable for current arrears of rent. | | | | 13.—To alter or set aside a decision or order of a Civil Court in any proceeding other than a suit. | One year | The date of the final decision or order in the case by a Court competent to determine it finally. | | 14.—To set aside any act or order of an officer of Government in his official capacity, not herein otherwise expressly provided for. | Ditto | The date of the act or order. | | 15.—Against Government to set aside any attachment, lease or transfer of immoveable property by the revenue-authorities for arrears of Government revenue. | Ditto | When the attachment, lease or transfer is made. | 16.—Against [ACT IX Limitation. (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. FIRST DIVISION: SUITS—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 81.—By a surety against the principal debtor. | Part VI.—Three years—contd. Three years | 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 insurer, whether by or from the plaintiff, or any other person. | 87.—By [ACT IX] Limitation. (The First Schedule.—First Division: Suits.) FIRST DIVISION: SUITS—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 104.—By a Muhammadan for deferred dower (mu'wajjal). | Part VI.—Three years—contd. Three years | 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. | | 109.—For the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant. | Ditto | When the profits are received. | 110.—For [ACT IX Limitation. (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. Part VIII.—Twelve years. | When the right to sue accrues. | | 121.—To avoid incumbrances or undertenures in an entire estate sold for arrears of Government revenue, or in a patni taluk or other saleable tenure sold for arrears of rent. | Twelve years. | When the sale becomes final and conclusive. | 122.—Upon Limitation. [ACT IX (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 122.—Upon a judgment obtained in British India, or a recognisance. | Part VIII.—Twelve years—contd. Twelve years. | The date of the judgment or recognisance. | | 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. | When the legacy or share becomes payable or deliverable. | | 124.—For possession of an hereditary office. | Ditto. | When the defendant takes possession of the office adversely to the plaintiff. Explanation.—An hereditary office is possessed when the profits thereof are usually received, or (if there are no profits) when the duties thereof are usually performed. | | 125.—Suit during the life of a Hindu or Muhammadan female by a Hindu 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 | Ditto. | The date of the alienation. | First Division: Suits—contd. THE FIRST SCHEDULE—contd. First Division: Suits—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | female declared to be void except for her life or until her re-marriage. | Part VIII.—Twelve years—contd. | | | 126.—By a Hindu governed by the law of the Mitakshara to set aside his father's alienation of ancestral property. | Twelve years | When the alienoe 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 Hindu for arrears of maintenance. | Ditto | When the arrears are payable. | | 129.—By a Hindu 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. | | 132.—To enforce payment of money charged upon immoveable property. | Ditto | When the money sued for becomes due. | Explanation.— AOT IX Limitation. (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. SECOND DIVISION: APPEALS—contd. THE FIRST SCHEDULE—contd. SECOND DIVISION: APPEALS—contd. | Description of appeal. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 155.—Under the same Code to a High Court, except in the cases provided for by article 150 and article 157. | Sixty days | The date of the sentence or order appealed from. | | 156.—Under the Code of Civil Procedure, 1908, to a High Court, except in the cases provided for by article 151 and article 158. | Ninety days | The date of the decree or order appealed from. | | 157.—Under the Code of Criminal Procedure, 1898, from an order of acquittal. | Six months | The date of the order appealed from. | THIRD DIVISION 1908.] Limitation. 451 (The First Schedule.—Third Division: Applications.) THE FIRST SCHEDULE—contd. THIRD DIVISION: APPLICATIONS. THIRD DIVISION: APPLICATIONS—contd. [ACT IX] | Description of application. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 179.—By a person desiring to appeal under the same Code to His Majesty in Council for leave to appeal. | Six months | The date of the decree appealed from. | | 180.—By a purchaser of immoveable property at a sale in execution of a decree for delivery of possession. | Three years | When the sale becomes absolute. | | 181.—Applications for which no period of limitation is provided elsewhere in this schedule or by section 48 of the Code of Civil Procedure, 1908. | Ditto | When the right to apply accrues. | | 182.—For the execution of a decree or order of any Civil Court not provided for by article 183 or by section 48 of the Code of Civil Procedure, 1908. | Three years; or, where a certified copy of the decree or order has been registered, six years. | 1. The date of the decree or order, or PART I. PRELIMINARY. 1. (1) This Act may be called the Indian Limitation Act, 1908. (2) It extends to the whole of British India; and (3) This section and section 31 shall come into force at once. The rest of this Act shall come into force on the first day of January 1909. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 16.—Against Government to recover money paid under protest in satisfaction of a claim made by the revenue-authorities on account of arrears of revenue or on account of demands recoverable as such arrears. | Part IV.—One year—contd. One year . | When the payment is made. | | 17.—Against Government for compensation for land acquired for public purposes. | Ditto . | The date of determining the amount of the compensation. | | 18.—Like suit for compensation when the acquisition is not completed. | Ditto . | The date of the refusal to complete. | | 19.—For compensation for false imprisonment. | Ditto . | When the imprisonment ends. | | 20.—By executors, administrators or representatives under the Legal Representatives' Suits Act, 1855. | Ditto . | The date of the death of the person wronged. XII o 185 | | 21.—By executors, administrators or representatives under the Indian Fatal Accidents Act, 1855. | Ditto . | The date of the death of the person killed. XIII 185 | 22.—For 1908.] Limitation. 425 (The First Schedule.—First Division: Suits.) FIRST DIVISION: SUITS—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | | Part VI.—Three years—contd. | | | 87.—By the assured to recover premia paid under a policy voidable at the election of the insurers. | 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 1908.] Limitation. 437 (The First Schedule.—First Division: Suits.) FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 110.—For arrears of rent. | Part VI.—Three years—concld. Three years | When the arrears become due. | | 111.—By a vendor of immovable property for personal payment of 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. | | 115.—For compensation for the breach of any contract, express or implied, not in writing registered and not herein specially provided for. | Ditto | 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. | female 1908.] Limitation. 443 (The First Schedule.—First Division: Suits.) First Division: Suits—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | Explanation.—The allowance and fees respectively called *malikana* and *haggs* shall, for the purpose of this article, be deemed to be money charged upon immoveable property. | Part VIII.—Twelve years—contd. | | | 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. | Twelve years | The date of the purchase. | | 134.—To recover possession of immoveable property conveyed or bequeathed in trust or mortgaged and afterwards transferred by the trustee or mortgagee for a valuable consideration. | Ditto | The date of the transfer. | 135.—Suit 1908.] Limitation. 445 (The First Schedule.—First Division: Suits.) SECOND DIVISION: APPEALS—contd. | Description of application. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 158.—Under the Code of Civil Procedure, 1908, 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 the summary procedure referred to in section 128 (9) (f) of the same Code. | Ditto. | When the summons is served. | | 160.—For an order under the same Code, to restore to the file an application for review rejected in consequence of the failure of the applicant to appear when the application was called on for hearing. | Fifteen days. | When the application for review is rejected. | | 161.—For a review of judgment by a Provincial Court of Small Causes or by a Court invested with the jurisdiction of a Provincial Court of Small Causes when exercising that jurisdiction. | Ditto. | The date of the decree or order. | | 162.—For a review of judgment by any of the High Courts of Judicature at Fort William, Madras and Bombay or the Chief Court of the Punjab or the Chief Court of Lower Burma in the exercise of its original jurisdiction. | Twenty days. | Ditto. | 163.—By Limitation. (The First Schedule.—Third Division: Applications.) (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE. (See section 3.) FIRST DIVISION: SUITS. THE FIRST SCHEDULE 1908.] Limitation. 419 (The First Schedule.—First Division: Suits.) (See section 3.) FIRST DIVISION: SUITS. THE FIRST SCHEDULE. (See section 3.) FIRST DIVISION: SUITS. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | XXIII of 1863. 1.—To contest an award of the Board of Revenue under the Waste Lands (Claims) Act, 1863. | Part I.—Thirty days. Thirty days. | When notice of the award is delivered to the plaintiff. | | 2.—For compensation for doing or for emitting to do an act alleged to be in pursuance of any enactment in force for the time being in British India. | Part II.—Ninety days. Ninety days. | When the act or omission takes place. | | 3.—Under the Specific Relief Act, 1877, section 9, to recover possession of immovable property. | Part III.—Six months. Six months. | When the dispossession occurs. | | 4.—Under the Employers and Workmen (Disputes) Act, 1860, section 1. | Ditto. | When the wages, hire or price of work claimed accrue or accrues due. | 5.—Under Limitation. [ACT IX (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 5.—Under the summary procedure referred to in section 128 (2) (f) of the Code of Civil Procedure, 1908. | Part III.—Six months—contd. Six months | When the debt or liquidated demand becomes payable or when the property becomes recoverable. | | 6.—Upon a Statute, Act, Regulation or By-law, for a penalty or forfeiture. | Part IV.—One year. | When the penalty or forfeiture is incurred. | | 7.—For the wages of a household servant, artisan or labourer not provided for by this schedule, article 4. | One year | When the wages accrue due. | | 8.—For the price of food or drink sold by the keeper of a hotel, tavern or lodging-house. | Ditto | When the food or drink is delivered. | | 9.—For the price of lodging | Ditto | When the price becomes payable. | | 10.—To enforce a right of pre-emption, whether the right is founded on law, or general usage, or on special contract. | Ditto | When the purchaser takes, under the sale sought to be impeached, physical possession of the whole of the property sold, or, where the subject of the sale does not admit of physical possession, when the instrument of sale is registered. | 11.—By 1908.] Limitation. 421 (The First Schedule.—First Division: Suits.) First Division: Suits—contd. THE FIRST SCHEDULE—contd. First Division: Suits—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 22.—For compensation for any other injury to the person. | Part IV.—One year—contd. One year . | When the injury is committed. | | 23.—For compensation for a malicious prosecution. | Ditto . | When the plaintiff is acquitted, or the prosecution is otherwise terminated. | | 24.—For compensation for libel. | Ditto . | When the libel is published. | | 25.—For compensation for slander. | Ditto . | When the words are spoken, or, if the words are not actionable in themselves, when the special damage complained of results. | | 26.—For compensation for loss of service occasioned by the seduction of the plaintiff's servant or daughter. | Ditto . | When the loss occurs. | | 27.—For compensation for inducing a person to break a contract with the plaintiff. | Ditto . | The date of the breach. | | 28.—For compensation for an illegal, irregular or excessive distress. | Ditto . | The date of the distress. | | 29.—For compensation for wrongful seizure of moveable property under legal process. | Ditto . | The date of the seizure. | | 30.—Against a carrier for compensation for losing or injuring goods. | Ditto . | When the loss or injury occurs. | 31.—Against Limitation. [ACT IX (The First Schedule.—First Division: Suits.) FIRST DIVISION: Suits—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: Suits—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | | Part IV.—One year—coneld. | | | 31.—Against a carrier for compensation for non-delivery of, or delay in delivering, goods. | One year . . . | When the goods ought to be delivered. | | | Part V.—Two years. | | | 32.—Against one who, having a right to use property for specific purposes, perverts it to other purposes. | Two years . . . | When the perversion first becomes known to the person injured thereby. | | 33.—Under the Legal Representatives' Suits Act, 1855, against an executor. | Ditto . . . | When the wrong complained of is done. | | 34.—Under the same Act against an administrator. | Ditto . . . | Ditto | | 35.—Under the same Act against any other representative. | Ditto : . . . | Ditto | | 36.—For compensation for any malfeasance, misfeasance or non-feasance independent of contract and not herein specially provided for. | Ditto . . . | When the malfeasance, misfeasance or nonfeasance takes place. | 37.—For 1908.] Limitation. 427 (The First Schedule.—First Division: Suits.) FIRST DIVISION: SUITS—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | 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 water-course. | Ditto | The date of the diversion. | | 39.—For compensation for trespass upon im-moveable property. | Ditto | The date of the trespass. | | 40.—For compensation for infringing copyright or any other exclu-sive privilege. | Ditto | The date of the infringe-ment. | | 41.—To restrain waste | Ditto | When the waste begins. | | 42.—For compensation for injury caused by an injunction wrong-fully obtained. | Ditto | When the injunction ceases. | | 43.—Under the Indian Suc-cession Act, 1865, section 320 or sec-tion 321, or under the Probate and Ad-ministration Act, 1881, section 139 or section 140, to com-pel a refund by a person to whom an executor or adminis-trator has paid a legacy or distributed assets. | Ditto | The date of the payment or distribution. | 44.—By Limitation. [ACT IX (The First Schedule.—First Division: Suits.) FIRST DIVISION: SUITS—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 44.—By a ward who has attained majority, to set aside a transfer of property by his guardian. | Part VI.—Three years—contd. Three years | When the ward attains majority. | | 45.—To contest an award under any of the following Regulations of the Bengal Code:— The Bengal Land-revenue Settlement Regulation, 1822. | Ditto | The date of the final award or order in the case. | | The Bengal Land-revenue Settlement Regulation, 1825. | | VII 1822 | | The Bengal Land-revenue (Settlement and Deputy Collectors) Regulation, 1833. | | IX c 1825 | | 46.—By a party bound by such award to recover any property comprised therein. | Ditto | The date of the final award or order in the case. | 47.—By 1908.] Limitation, 429 (The First Schedule.—First Division: Suits.) FIRST DIVISION: SUITS—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 47.—By any person bound by an order respecting the possession of immoveable property made under the Code of Criminal Procedure, 1898, or the Manlaídars' Courts Act, 1906, or by any one claiming under such person, to recover the property comprised in such order. | Part VI.—Three years—contd. Three years | The date of the final order in the case. | | 48.—For specific moveable property lost, or acquired by theft, or dishonest misappropriation or conversion, or for compensation for wrongfully taking or detaining the same. | Ditto | When the person having the right to the possession of the property first learns in whose possession it is. | | 49.—For other specific moveable property, or for compensation for wrongfully taking or injuring or wrongfully detaining the same. | Ditto | When the property is wrongfully taken or injured, or when the detainer's possession becomes unlawful. | 50.—For Limitation. [ACT IX (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: Suits—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 50.—For the hire of animals, vehicles, boats or household furniture. | Part VI.—Three years—contd. Three years | When the hire becomes payable. | | 51.—For the balance of money advanced in payment of goods to be delivered. | Ditto | When the goods ought to be delivered. | | 52.—For the price of goods sold and delivered, where no fixed period of credit is agreed upon. | Ditto | The date of the delivery of the goods. | | 53.—For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit. | Ditto | When the period of credit expires. | | 54.—For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given. | Ditto | When the period of the proposed bill elapses. | | 55.—For the price of trees or growing crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon. | Ditto | The date of the sale. | 56.—For 1908.] Limitation. 431 (The First Schedule.—First Division: Suits.) FIRST DIVISION: SUITS—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 56.—For the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment. | Part VI.—Three years—contd. Three years | When the work is done. | | 57.—For money payable for money lent. | Ditto | When the loan is made. | | 58.—Like suits when the lender has given a cheque for the money. | Ditto | When the cheque is paid. | | 59.—For money lent under an agreement that it shall be payable on demand. | Ditto | When the loan is made. | | 60.—For money deposited under an agreement that it shall be payable on demand, including money of a customer in the hands of his banker so payable. | 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 Limitation. [ACT IX (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 62.—For money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff's use. | Part VI.—Three years—contd. Three years | When the money is received. When the interest becomes due. | | 63.—For money payable for interest upon money due from the defendant to the plaintiff. | Ditto | When the accounts are stated in writing signed by the defendant or his agent duly authorized 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. | | 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 time specified arrives or the contingency happens. | | 65.—For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency. | Ditto | The day so specified. | | 66.—On a single bond, where a day is specified for payment. | Ditto | The date of executing the bond. | | 67.—On a single bond, where no such day is specified. | Ditto | | 68.—On 1908.] Limitation. 433 (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 68.—On a bond subject to a condition. | Part VI.—Three years—contd. Three years | 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. | | 74.—On a promissory note or bond payable by instalments. | Ditto | 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 Limitation. [ACT IX (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 75.—On a promissory note or bond payable by instalments, which provides that, if default be made in payment of one or more instalments, the whole shall be due. | Part VI.—Three years—contd. Three years | When the 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-bi 1 1 against the drawer. | Ditto | When the acceptor pays the amount of the bill. | | 80.—Suit on a bill of exchange, promissory note or bond not herein expressly provided for. | Ditto | When the bill, note or bond becomes payable. | 81.—By 1908.] Limitation. 435 (The First Schedule.—First Division: Suits.) FIRST DIVISION: SUITS—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 93.—To declare the forgery of an instrument attempted to be enforced against the plaintiff. | Part VI.—Three years—contd. Three years | The date of the attempt. | | 94.—For property which the plaintiff has conveyed while insane. | Ditto | 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 Limitation. [ACT IX (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 99.—For contribution by a party who has paid the whole or more than his share of the amount due under a joint decree, or by a sharer in a joint estate who has paid the whole or more than his share of the amount of revenue due from himself and his co-sharers. | Part VI.—Three years—contd. Three years | The date of the payment in excess of the plaintiff's 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. | | 102.—For wages not otherwise expressly provided for by this schedule. | Ditto | 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 1908.] Limitation. 439 (The First Schedule.—First Division: Suits.) FIRST DIVISION: SUITS—contd. Part VII.— ^{}[] 1908.] Limitation. 441 (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 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, 1908. | 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. FIRST DIVISION: SUITS—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 135.—Suit instituted in a Court not established by Royal Charter by a mortgagee for possession of immoveable property mortgaged. | Part VIII.—Twelve years—contd. Twelve years | When the mortgagor's right to possession determines. | | 36.—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. | Ditto | 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.—Like suit by a purchaser at a sale in execution of a decree, when the judgment-debtor was in possession at the date of the sale. | Ditto | The date when the sale becomes absolute. | | 139.—By a landlord to recover possession from a tenant. | Ditto | When the tenancy is determined. | 140.—By Limitation. [ACT IX (The First Schedule.—First Division: Suits.) FIRST DIVISION: SUITS—contd. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 140.—By a remainderman, a reversioner (other than a landlord) or a devisee, for possession of immoveable property. | Part VIII.—Twelve years—coneld. Twelve years. | When his estate falls into possession. | | 141.—Like suit by a Hindu or Muhammadan entitled to the possession of immoveable property on the death of a Hindu or Muhammadan female. | Ditto | When the female dies. | | 142.—For possession of immoveable property when the plaintiff, while in possession of the property, has been dispossessed or has discontinued the possession. | Ditto | 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. | FIRST DIVISION: SUITS—contd. Part IX. 1908.] Limitation. 447 (The First Schedule.—First Division: Suits.) THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—contd. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 145.—Against a depositary or pawns 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. | | 146A.—By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession. | Ditto | The date of the dispossession or discontinuance. | | 147.—By a mortgagee for foreclosure or sale. | Part X.—Sixty years. Sixty years. | When the money secured by the mortgage becomes due. | 148.—Against Limitation. (The First Schedule.—First Division: Suits.) FIRST DIVISION: SUITS—concld. THE FIRST SCHEDULE—contd. FIRST DIVISION: SUITS—concld. | Description of suit. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 148.—Against a mortgagee to redeem or to recover possession of immovable property mortgaged. | Part X.—Sixty years—contd. Sixty years | When the right to redeem or to recover possession accrues: Provided that all claims to redeem arising under instruments of mortgage of immovable property situate in Lower Burma which had 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: 1908.] Limitation. 349 (The First Schedule.—Second Division: Appeals.) SECOND DIVISION: APPEALS. THE FIRST SCHEDULE—contd. SECOND DIVISION: APPEALS. | Description of appeal. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 150.—Under the Code of Criminal Procedure, 1898, from a sentence of death passed by a Court of Session. | Seven days | The date of the sentence. | | 151.—From a decree or order of any of the High Courts of Judicature at Fort William, Madras and Bombay or the Chief Court of the Punjab or the Chief Court of Lower Burma in the exercise of its original jurisdiction. | Twenty days | The date of the decree or order. | | 152.—Under the Code of Civil Procedure, 1908, to the Court of a District Judge. | Thirty days | The date of the decree or order appealed from. | | 153.—Under the same Code to a High Court from an order of a Subordinate Court refusing leave to appeal to His Majesty in Council. | Ditto | The date of the order. | | 154.—Under the Code of Criminal Procedure, 1898, to any Court other than a High Court. | Ditto | The date of the sentence or order appealed from. | 155.—Under Limitation. [ACT IX (The First Schedule.—Second Division: Appeals.) THIRD DIVISION: APPLICATIONS—contd. [ACT IX] THE FIRST SCHEDULE—contd. THIRD DIVISION: APPLICATIONS—contd. [ACT IX] | Description of application. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 163.—By a plaintiff, for an order to set aside a dismissal for default of appearance or for failure to pay costs of service of process or to furnish security for costs. | Thirty days. | The date of the dismissal. | | 164.—By a defendant, for an order to set aside a decree passed ex parte. | Ditto | The date of the decree or, where the summons was not duly served, when the applicant has knowledge of the decree. | | 165.—Under the Code of Civil Procedure, 1908, by a person dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree to be put into possession. | Ditto | The date of the dispossession. V of 1908 | | 166.—Under the same Code to set aside a sale in execution of a decree. | Ditto | The date of the sale. | | 167.—Complaining of resistance or obstruction to delivery of possession of immovable property decreed or sold in execution of a decree. | Ditto | The date of the resistance or obstruction. | 168.—For 1908.] Limitation. 453 (The First Schedule.—Third Division: Applications.) THIRD DIVISION: APPLICATIONS—contd. THE FIRST SCHEDULE—contd. THIRD DIVISION: APPLICATIONS—contd. | Description of application. | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 168.—For the readmission of an appeal dismissed for want of prosecution. | Thirty days. | The date of the dismissal. | | 169.—For the re-hearing of an appeal heard ex parte. | Ditto. | The date of the decree in appeal or, where notice of the appeal was not duly served, when the applicant has knowledge of the decree. | | 170.—For leave to appeal as a pauper. | Ditto. | The date of the decree appealed from. | | 171.—Under the Code of Civil Procedure, 1908, for an order to set aside an abatement. | Sixty days. | The date of the abatement. | | 172.—Under the same Code by the assignee or the receiver of an insolvent plaintiff or appellant for an order to set aside the dismissal of a suit or an appeal. | Ditto. | The date of the order of dismissal. | | 173.—For a review of judgment except in the cases provided for by article 161 and article 162. | Ninety days. | The date of the decree or order. | 174.—For Limitation. (The First Schedule.—Third Division: Applications.) THE FIRST SCHEDULE—contd. THIRD DIVISION: APPLICATIONS—contd. | Description of application: | Period of limitation. | Time from which period begins to run. | | --- | --- | --- | | 182.—For the execution of a decree or order of any Civil Court not provided for by article 185 or by section 48 of the Code of Civil Procedure, 1908—contd. | Three years; or, where a certified copy of the decree or order has been registered, six years. | 4. (where the decree has been amended) the date of amendment, or