LA section 63: By a mortgagee

In force · As amended up to 2026-08

63. By a mortgagee — |a mortgagee—|a mortgagee—|||| |---|---|---|---|---| |(a) for foreclosure;||Thirty years.||When the money secured by the mortgage becomes due.| |(b) for possession of immovable Twelve|||years.|When the mortgagee becomes entitled to| |property|mortgaged.|||possession.| |||Description of suit|Period of limitation||Time from which period begins to run| |---|---|---|---|---|---| |64.|For possession of immovable||Twelve years.|The date of dispossession.|| |||property based on previous|||| |||possession and not on title, when|||| |||the plaintiff while in possession|||| |||of the property has been|||| |||dispossessed.|||| |65.|For possession of immovable||Twelve years.|When the possession of the defendant|| |||property or any interest therein|||becomes adverse to the plaintiff.| |||based on title.|||| ||Explanation.—For the purposes of||||| |||this article—|||| |||(a)where the suit is by a|||| |||remainderman, a reversioner|||| |||(other than a landlord) or a|||| |||devisee, the possession of the|||| |||defendant shall be deemed to|||| |||become adverse 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 immovable|||| |||property on the death of a|||| |||Hindu or Muslim female, the|||| |||possession of the defendant|||| |||shall be deemed to become|||| |||adverse only when the female|||| |||dies;|||| |||(c)where the suit is 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, the|||| |||purchaser shall be deemed to|||| |||be a representative of the|||| |||judgment-debtor who was out|||| |||of possession.|||| |66.|For possession of immovable||Twelve years.|When the forfeiture is incurred or the|| |||property when the plaintiff has|||condition is broken.| |||become entitled to possession by|||| |||reason of any forfeiture or breach|||| |||of condition.|||| |67.|By|a landlord to recover possession|Twelve years.|When the tenancy is determined.|| |||from a tenant.|||| |||PART VI.—SUITS|RELATING TO MOVABLE PROPERTY||| |68.|For specific movable property lost,||Three years.|When the person having the right to the|| |||or acquired by theft, or dishonest|||possession of the property first learns| |||misappropriation or conversion.|||in whose possession it is.| |69.|For other specific movable property.||Three years.|When the property is wrongfully taken.|| |70.|To| recover movable property|Three years.|The|date of refusal after demand.| |||deposited or pawned from a|||| |||depositaryorpawnee.|||| ||Description of suit|Period of|Time from|which period|begins to run|| |---|---|---|---|---|---|---| |||limitation||||| |71.|To recover movable property|Three years. When the sale becomes|||known to the|| ||deposited or pawned, and||plaintiff.|||| ||afterwards bought from the|||||| ||depository or pawnee for a|||||| ||valuable consideration.|||||| ||PART VII.—SUITS RELATING TO||TORT|||| |72.|For compensation for doing or for|One year. When the act||or omission takes place.||| ||omitting to do an act alleged to|||||| ||be in pursuance of any enactment|||||| ||in force for the time being in the|||||| ||territories to which this Act|||||| ||extends.|||||| |73.|For compensation for false|One year. When the imprisonment ends.||||| ||imprisonment.|||||| |74.|For compensation for a malicious|One year. When the plaintiff is acquitted or the||||| ||prosecution.||prosecution is otherwise terminated.|||| |75.|For compensation for libel.|One year. When the libel is published.||||| |76.|For compensation for slander.|One year. When the words are spoken, or, if the||||| ||||words|are not|actionable|in| ||||themselves, when the||special damage|| ||||complained of results.|||| |77.|For compensation for loss of service|One year. When the loss occurs.||||| ||occasioned by the seduction of|||||| ||the plaintiff's servant or|||||| ||daughter.|||||| |78.|For compensation for inducing a|One year. The date of the breach.||||| ||person to break a contract with|||||| ||the plaintiff.|||||| |79.|For compensation for an illegal,|One year. The date of the distress.||||| ||irregular or excessive distress.|||||| |80.|For compensation for wrongful|One year. The date of the seizure.||||| ||seizure of movable property|||||| ||under legal process.|||||| |81.|By executors, administrators or|One year. The date of the death|||of the person|| ||representatives under the Legal||wronged.|||| ||Representatives' Suits Act, 1855|||||| ||(12 of 1855).|||||| |82.|By executors, administrators or|Two years. The date of the death of the|||person killed.|| ||representatives under the Indian|||||| ||Fatal Accidents Act, 1855 (13 of|||||| ||1855).|||||| |83.|Under the Legal Representatives'|Two years. When the wrong complained of is done.||||| ||Suits Act, 1855 (12 of 1855),|||||| ||against an executor, an|||||| ||administrator or any other|||||| ||representative.|||||| |84.|Against one who, having a right to|Two years. When the perversion first becomes known||||| ||use property for specific||to the person injured thereby.|||| ||purposes, perverts it to other|||||| ||purposes.|||||| ||Description of suit|Period of limitation|Time from which period begins to run|Time from which period begins to run|Time from which period begins to run| |---|---|---|---|---|---| |85.|For compensation for obstructing a|Three years.|The date of the obstruction.||| ||way or a water-course.||||| |86.|For compensation for diverting a|Three years.|The date of the diversion.||| ||water-course.||||| |87.|For compensation for trespass upon|Three years.|The date of the trespass.||| ||immovable property.||||| |88.|For compensation for infringing|Three years.|The date of the infringement.||| ||copyright or any other exclusive||||| ||privilege.||||| |89.|To restrain waste.|Three years.|When the waste begins.||| |90.|For compensation for injury caused|Three years.|When the injunction ceases.||| ||by an injunction wrongfully||||| ||obtained.||||| |91.|For compensation,—||||| ||(a)for wrongfully taking or detaining|Three years.|When the person having the||right to the| ||any specific movable||possession of the|property first learns|| ||property lost, oracquired by theft,||in whose possession it is.||| ||or dishonest misappropriation, or||||| ||conversion;||||| ||(b) for wrongfully taking or injuring|Three years.|When the property is|wrongfully taken or|| ||or wrongfully detaining any other||injured, or when the||detainer's| ||specific movable property.||possession becomes unlawful.||| ||PART VIII.—SUITS RELATING TO TRUSTS AND TRUST PROPERTY||||| |92.|To recover possession of immovable|Twelve years.|When the transfer becomes known to the||| ||property conveyed or bequeathed||plaintiff.||| ||in trust and afterwards transferred||||| ||by the trustee for a valuable||||| ||consideration.||||| |93.|To recover possession of movable|Three years.|When the transfer becomes known to the||| ||property conveyed or bequeathed||plaintiff.||| ||in trust and afterwards transferred||||| ||by the trustee for a valuable||||| ||consideration.||||| |94.|To set aside a transfer of immovable|Twelve years.|When the transfer becomes known to the||| ||property comprised in a Hindu,||plaintiff.||| ||Muslim or Buddhist religious or||||| ||charitable endowment, made by a||||| ||manager thereof for a valuable||||| ||consideration.||||| |95.|To set aside a transfer of movable|Three years.|When the transfer becomes known to the||| ||property comprised in a Hindu,||plaintiff.||| ||Muslim or Buddhist religious or||||| ||charitable endowment, made by a||||| ||manager thereof for a valuable||||| ||consideration.||||| |96.|By the manager of Hindu, Muslim or|Twelve years.|The date of death, resignation or removal||| ||Buddhist religious or charitable||of the transferor or the date of||| ||endowment to recover possession||appointment of|the plaintiff as|| ||of movable or immovable||manager of|the|endowment,| ||properly comprised in the||whichever is later.||| ||endowment which has been||||| ||transferred by a previous||||| ||manager for a valuable||||| ||consideration.||||| |||Description of suit|Period of limitation|Period of limitation|Time from which period begins to run| |---|---|---|---|---|---| |||PART IX.—SUITS RELATING TO MISCELLANEOUS MATTERS|||| |97.|To|enforce a right of pre-emption|One year.|When the purchaser take under the sale|| |||whether the right is founded on|||sought to be impeached, physical| |||law or general usage or on|||possession of the whole or part of the| |||special contract.|||property sold, or, where the subject| ||||||matter of the sale does not admit of| ||||||physical possession of the whole or part| ||||||of the property, when the instrument of| ||||||sale is registered.| |98.|By|a person against whom1[an|One year.|The date of the final order.|| |||order referred to in rule 63 or in|||| |||rule 103] of Order XXI of the|||| |||Code of Civil Procedure, 1908|||| |||(5 of 1908), or an order under|||| |||section 28 of thePresidency|||| |||Small Cause Courts Act, 1882|||| |||(15 of 1882), has been made, to|||| |||establish the right which he|||| |||claims to the property|||| |||comprised in the order.|||| |99.|To|set aside a sale by a civil or|One year.|When the sale is confirmed or would|| |||revenue court or a sale for|||otherwise have become final and| |||arrears of Government revenue|||conclusive had no such suit been| |||or for any demand recoverable|||brought.| |||as such arrears.|||| |100.|To|alter or set aside any decision|One year.|The date of the final decision or order by the|| |||or order of a civil court in any|||court or the date of the act or order of| |||proceeding other than a suit or|||the officer, as the case may be.| |||any act or order of an officer of|||| |||Government in his official|||| |||capacity.|||| |101.|Upon a judgment, including a||Three years.||The date of the judgment or recognisance.| |||foreign judgment, or a|||| |||recognisance.|||| |102.|For property which the plaintiff has||Three years.||When the plaintiff is restored to sanity| |||conveyed while insane.|||and has knowledge of the conveyance.| |103.|To|make good out of the general|Three years.||The date of the trustee's death or if the| |||estate of a deceased trustee the|||loss has not then resulted, the date of| |||loss occasioned by a breach of|||the loss.| |||trust.|||| |104.|To| establish a periodically|Three years.||When the plaintiff is first refused the| |||recurring right.|||enjoyment of the right.| |105.|By| a Hindu for arrears of|Three years.||When the arrears are payable.| |||maintenance.|||| |106.|For a legacy or for a share of a||Twelve years.||When the legacy or share becomes| |||residur bequeathed by a testator|||payable or deliverable.| |||or for a distributive share of the|||| |||property of an intestate against|||| |||an executor or an administrator|||| |||or some other person legally|||| |||charged with the duty of|||| |||distributing the estate.|||| 1. Subs. by Act 52 of 1964, s. 3 and the Second Schedule, for "an order under rule 63 or rule 103," (w.e.f. 29-12-1964). Description of suit Period of limitation Time from which period begins to run 107. For possession of a hereditary Twelve years. When the defendant takes possession of office. the office adversely to the plaintiff. Explanation .—A hereditary office is possessed when the properties thereof are usually received, or (if there are no properties) when the duties thereof are usually performed. 108. Suit during the life of a Hindu or Twelve years. The date of the alienation. Muslim female by a Hindu or Muslim 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. 109. By a Hindu governed by Twelve years. When the alienee takes possession of the Mitakshara law to set aside his property. father's alienation of ancestral property. 110. By a person excluded from a joint Twelve years. When the exclusion becomes known to family property to enforce a the plaintiff. right to share therein. 111. By or on behalf of any local Thirty years. The date of the dispossession or authority for possession of any discontinuance. public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession. 112. Any suit (except a suit before the Thirty years. When the period of limitation would Supreme Court in the exercise of begin to run under this Act against a its original jurisdiction) by or on like suit by a private person. behalf of the Central Government or any State Government, including the Government of the State of Jammu and Kashmir. PART X. — SUITS FOR WHICH THERE IS NO PRESCRIBED PERIOD 113. Any suit for which no period of Three years. When the right to sue accrues. limitation is provided elsewhere in this Schedule. SECOND DIVISION—APPEALS 114. Appeal from an order of — acquittal, (a)under sub-section (1) or subNinety days. The date of the order appealed from. section (2) of section 417 of the Code of Criminal Procedure, 1898 (5 of 1898); (b)under sub-section (3) of Thirty days. The date of the grant of special leave. section 417 of that Code. - Description of suit Period of limitation Time from which period begins to run - 115. Under the Code of Criminal — - Procedure, 1898 (5 of 1898) - (a) from a sentence of death passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction; - Thirty days. The date of the sentence. - (b) from any other sentence or any order not being an order of acquittal— - (i) to the High Court Sixty days. The date of the sentence or order. Thirty days. The date of the sentence or order. - (ii) to any other court

Source: India Code