Section 1. When interest on a debt or legacy is, before the expiration of the prescribed period, paid as such b

21. When interest on a debt or legacy is, before the expiration of the prescribed period, paid as such by the person liable to pay the debt or legacy, or by his agent generally or specially authorized in this behalf, Effect of part-payment of principal. or when part of the principal of a debt is, before the expiration of the prescribed period, paid by the debtor or by his agent generally or specially authorized in this behalf, a new period of limitation, according to the nature of the original liability, shall be computed from the time when the payment was made: Provided that, in the case of part-payment of principal, the debt has arisen from a contract in writing and the fact of the payment appears in the handwriting of the person making the same, on the instrument, or in his own books, or in the books of the creditor. Effect of substituting or adding new plaintiff or defendant. 1871. ] Limitation. 205 FIRST SCHEDULE—continued. | Number and year. | Subject or title. | Extent of repeal. | | --- | --- | --- | | | | the section. In section three-hundred-and-forty-seven, the words "within thirty days from the date of the dismissal." In section three-hundred-and-seventy-three, the words "within the period prescribed for the presentation of a memorandum of appeal." So much of section three-hundred-and-seventy-seven as has not been repealed. | | Act No. XIV of 1859. | An Act to provide for the limitation of suits. | The whole Act, except so much of section fifteen as does not relate to the limitation of suits. | | Act No. IX of 1860 | Workmen and employers | So much of section two as relates to the limitation of suits. | | Act No. XXXI of 1860. | Arms Act | So much of section forty-nine as relates to the limitation of suits. | | Act No. V of 1861 | Mofussil Police | So much of section forty-two as relates to the limitation of suits. | | Act No. XXIII of 1861. | Civil Procedure Code Amendment | Section twelve. | | Act No. XXV of 1861. | Criminal Procedure Code | Section four-hundred-and-fifteen. | | Act No. I of 1863 | Civil Courts in British Burma | Section twenty-four. | | Act No. VI of 1863 | Consolidated Customs Act | So much of section two-hundred-and-fourteen as relates to the limitation of suits. | ACKNOWLEDGEMENT Government, suits against, Nos. 17, 18, 19, 20. See Revenue, Secretary of State for India in Council. Gregorian calendar, time computed according to, sec. 26. Growing crops, suit for price of, No. 54. Hagg, suit for, No. 132. expl. Hereditary office, suit under Madras Reg. VI of 1831 for, not affected by this Act, sec. 1. cl. (c). ——— extinguishment of right to, sec. 29. ——— suit for, No. 123. High Court,—see Appeal, Charter Court, Interest, Part-payment, Judgment Creditor, Judgment Debtor, Mortgagee. Hindú entitled on widow's death, suit by, No. 142. ——— suit by, to set aside alienation of ancestral property, Nos. 125, 126. ——— excluded from joint-family property, suit by, No. 127. ——— suit by, for maintenance, No. 128. ——— to establish or set aside an adoption, No. 129. Hindú manager, his suit for contribution, No. 107. Hindú widow, suit to have her alienation declared void, No. 124. Hire, suit for, under Act IX of 1860, No. 4. ——— of animals, &c., suit for, No. 49. Household furniture, suit for hire of, No. 49. Hundí included in 'Bill of Exchange,' sec. 3. Husband,—see Conjugal rights, Wife. Idiocy of person having a right to sue, sec. 7. Immovable property, trespass on, No. 43. ——— taken for public purposes, suit against Government for compensation for, Nos. 19, 20. ——— purchased from mortgagee, suit for possession of, No. 134. ——— suit for, when plaintiff has been dispossessed or has discontinued possession, No. 143. ——— suit for, when plaintiff has become entitled by forfeiture or breach of condition, No. 144. ——— suit for, money charged upon, or payable out of, No. 132. ——— suit for, not otherwise provided for, No. 145. See Improvement, Incumbrances, Mesne profits, Mortgagee, Possession, Rent-free land. Imprisonment,—see False imprisonment. Inability to sue subsequent to time beginning to run, sec. 9. Incumbrances on an estate sold for revenue arrears, suit to avoid, No. 119. ——— on a patní tálug, No. 120. Indemnity, suit on contract of, No. 84. Infringement of copyright, suit for, No. 11. Injunction, staying commencement of suit by, sec. 16. ——— damages caused by wrongfully obtaining, No. 86. Injury to person, suit for, No. 22. ——— to goods, No. 26. ——— suit against carrier for, No. 36. Insanity of person to whom right to sue accrues, sec. 7. ——— suit for property conveyed during, No. 94. Instalments, failure to pay, sec. 23, ill. (a). PART I. PRELIMINARY. 1. This Act may be called 'The Indian Limitation Act, 1871:' Short title. It extends to the whole of British India; but nothing contained in sections two and three or in Parts II and III applies— (a) to suits instituted before the first day of April, 1873, (b) to suits under the Indian Divorce Act, (c) to suits under Madras Regulation VI of 1831. This Act shall come into force on the first day of June 1871. Commencement. | Number and year. | Subject or title. | Extent of repeal. | | --- | --- | --- | | Act No. XXIII of 1863. | Claims to Waste-lands | So much of section five as relates to the limitation of suits. | | Act No. VII of 1865. | Government Forests Act | So much of section sixteen as relates to the limitation of suits. | | Act No. XX of 1866 | Registration Act | Section fifty-one. | | Act No. XIV of 1868. | Contagious Diseases Act | So much of section twenty-five as relates to the limitation of suits. | | Act No. XX of 1869 | Volunteers | So much of section twenty-six as relates to the limitation of suits. | | Act No. X of 1870 | Land Acquisition | So much of section fifty-eight as relates to the limitation of suits. | | Act No. IV of 1871 | Coroners | In section forty-two, the words 'after the expiration of three months from such fact or failure, nor.' | | Bombay Regulation V of 1827. | A Regulation defining the Limitations, as to Time, within which Civil Actions may be prosecuted, and containing Rules of Judication respecting written Acknowledgments of Debts executed without receipt of a full consideration; also regarding Interest, the tendering payment of Debts, and the disposal of Property mortgaged or pledged. | Chapter one. | Instalments 206 Limitation. [ ACT IX Limitation. [ACT IX] SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. | Description of suit. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 8.—For the price of food or drink sold by the keeper of a hotel, tavern or lodging house. | Part IV.—One year,—contd. One year | When the food or drink is delivered. | | 9.—For the price of lodging | Ditto | When the lodging ends. | | 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 actual possession under the sale sought to be impeached. | | 11.—For damages for infringing copyright or any other exclusive privilege. | Ditto | The date of the infringement. | | 12.—By executors, administrators, or representatives under Act No. XII of 1855 (to enable the executors, administrators or representatives to sue and be sued for certain wrongs). | Ditto | The date of the death of the person wronged. | | 13.—By executors, administrators or representatives under Act No. XIII of 1855 (to provide compensation to families for loss occasioned by the death of a person caused by actionable wrong). | Ditto | The date of the death of the person killed. | | 14.—To set aside any of the following sales:— (a) sale in execution of a decree of a Civil Court; (b) sale in pursuance of a decree or order of a Collector or other officer of revenue; (c) sale for arrears of Government revenue or for any demand recoverable as such arrears; (d) sale of a patnī tāluq sold for current arrears of rent. | Ditto | When the sale is confirmed, or would otherwise have become final and conclusive had no such suit been brought. | 1871.] Limitation. SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. Native 208 Limitation. [ ACT IX