Section 1871. ] Limitation. 159

1871. ] Limitation. 159 ACT No. IX of 1871. Passed by the Governor General of India in Council. (Received the assent of the Governor General on the 24th March 1871). An Act for the Limitation of Suits and for other Purposes. WHEREAS it is expedient to consolidate and assemble amend the law relating to the limitation of suits, appeals and certain applications to Courts; And whereas it is also expedient to provide rules for acquiring ownership by possession; It is hereby enacted as follows:— 1871. ] Limitation. 205 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). Instalments 206 Limitation. [ ACT IX Instalments, contract for payment by, where whole becomes due on default in one, sec. 23. ---decree directing payment to be made by, No. 167. See Bond, Promissory note. Institution of suit, sec. 4, expl. Instrument, suit to cancel or set aside an, No. 92. ---suit to declare forgery of an, No. 93. See Calendar. Insurer,—see Policy, Premia. Interest on debt or legacy, effect of paying, sec. 21. ---suit for, No. 61. ---on High Court judgment-debt, effect of paying, No. 169. Interpretation clause, sec. 3. Interruption defined, sec. 27, expl. Issue of forged instrument, No. 93. Joint creditor or claimant, disability of a, sec. 8. Judgment by default, application to set aside, No. 156. Judgment ex parte, application to set aside, No. 157. ---application for review of, sec. 5. cl. (b), No. 164. ---foreign, suit on, No. 116. ---obtained in British India, suit on, No. 121. ---of Charter Court, application to enforce, No. 169. Judgment-creditor in High Court, acknowledgment to, No. 169. Judgment-debtor, effect of suit by, to set aside execution-sale, sec. 17. ---in High Court, acknowledgment by, No. 169. Jurisdiction,—see Appeal. Labourer,—see Wages. Lákhiráj,—see Rent free land. Land, extinguishment of right to, sec. 29. See Immovable property. Landlord, his suit to recover possession, No. 140. See Trees. Lease for arrears of revenue, suit to set aside, No. 17. Legacy, acknowledgment of, or promise to pay, sec. 20. ---payment of interest on, sec. 21. ---suit for, No. 122. Legal disability, effect of, sec. 7. ---continuing till death, ib. Legal process, suit for wrongful seizure of moveables under, No. 30. Lessor,—see Landlord, Lease, Trees. Libel, suit for, No. 24. Lien,—see Vendor's lien. Light, prescriptive title to access and use of, sec. 27,—see Easement. Limitation, dismissal of suits instituted after period of, sec. 4. ---need not be pleaded, ib. ---saving of local laws prescribing different period of, sec. 6. ---applicable to suits on foreign contracts, sec. 11. ---foreign rules of, sec. 12. Loan,—see Money lent. Local extent, sec. 1. Local 1871] Limitation. 207 Local laws, saving of periods of limitation prescribed by, sec. 6. Lodging, suit for price of, No. 9. Losing goods, suit against carrier for, No. 36. Loss of written acknowledgment, sec. 20, cl. (c). — of service by seduction, suit for, No. 27. — of goods by carrier, suit for, No. 36. Lost property, suit for, No. 47. Lunatic,—see Insanity. Magistrate—see Officer. Maintenance, suit for, No. 128. Maker, see Promissory note. Malfessance independent of contract, suit for, No. 40. Malicious prosecution, suit for, No. 23. Málikána, suit for, No. 132. Manager,—see Hindú manager. Mesne profits, suit for, No. 109. Minor defined, sec. 3. Minority of person having right to sue, sec. 7. Misconduct, suit by principal against agent for, No. 91. Misfessance independent of contract, suit for, No. 40. Mistake in fact, suit for relief on ground of, No. 97. Mitákshará, suit by Hindú under law of, No. 125. Money lent, suit for, No. 56. — when lender gave cheque, suit for, No. 57. — under agreement that it should be payable on demand, suit for, No. 58. — paid for defendant, suit for, No. 59. — received for plaintiff's use, suit for, No. 60. — payable for interest, suit for, No. 61. — found due on accounts stated, suit for, No. 62. — paid on failing consideration, suit for, No. 98. — charged upon or payable out of land, suit for, No. 132. Mortgagee remaining in possession after mortgage satisfied, not a 'trustee,' sec. 3. — suit for surplus collections received by satisfied, No. 105. — suit to recover land purchased from, No. 134. — suit by, in Mofussi Court, for possession of land, No. 135. — suit against, to recover land mortgaged to, No. 148. — suit in High Court by, for land mortgaged to, No. 149. Mortgagor, suit by, No. 148. Movable property, suit for taking or damaging, No. 26. — for wrongfully seizing under legal process, No. 30. — for wrongfully detaining, No. 34. — for specific recovery of, No. 35. — for lost, No. 47. — for stolen, No. 48. — suit by principal against agent for, No. 90. See Depositary, Goods, Money, Pawnee, Title deeds, Trustee. Mu'ajjal,—see Dower. Muhammadan,—see Dower, Pre-emption. Mu'waijal,—see Dower. Native 208 Limitation. [ ACT IX - Native instruments, computation of time mentioned in, sec. 26. - Neglect, suit by principal against agent for, No. 91. - Nonfeasance independent of contract, suit for, No. 40. - Nusance, defined, sec. 3. - ———— suit for a continuing, sec. 24. - See Watercourse, Way. - Office,—see Hereditary office, - Officer of Government, suit to set aside act of, No. 16. - ———— of Revenue,—see Collector. - Official Liquidator, claim sent in to, sec. 4, expl. - Omission in acknowledgment to specify exact amount of debt, sec. 20, expl. 1. - ———— to do an act in pursuance of an enactment, suit for, No. 2. - Oral evidence of date of acknowledgment, sec. 20, cl. (c). - ———— not of contents of lost or destroyed acknowledgment, ib. - Order in any proceeding not a suit, suit to set aside, No. 15. - ———— under Act XVI of 1838, sec. 1, cl. 2, Act XXV of 1861, cap. 22, or Bom. Act V of 1864, suit to recover property comprised in, No. 46. - ———— of Civil Court, application for execution of, Nos. 167, 168, 169. - Partner, acknowledgment or promise by one, sec. 20, expl. 2. - Partnership, suit for account and share of profits of dissolved, No. 106. - Part-payment when it takes debt out of operation of Act, sec. 21. - ———— in case of High Court judgment-debt, No. 169. - Patent,—see Privilege. - Patní defined, No. 14 exp. - Patní tálug, suit to set aside sale, No. 14 (d). - ———— sold for arrears of rent, suit to avoid incumbrances on, No. 120. - Pauper, suit when instituted by, sec. 4, exp. - See Application. - Pawnee, suit against, No. 147. - ———— suit against purchaser from, No. 133. - Payee of bill, his suit against drawer, Nos. 78 and 79. - Payment,—see Interest, Part-payment, Refusal. - Penalty, suit for, No. 6. - Periodical right, suit to establish, No. 131. - Permanent settlement, No. 130. - Person, suit for injury to, No. 22. - See False imprisonment. - Perversion of property to unauthorised uses, suit for, No. 38. - Place, suit on a bill payable at a particular, No. 70. - Plaintiff defined, sec. 3. - ———— effect of substituting new, sec. 22. - ———— suit for seduction of daughter or servant of, No. 27. - ———— suit for inducing a person to break a contract with, No. 28. - ———— suit for price of trees or growing crops sold by, No. 54. - ———— suit for price of work done by, No. 55. - ———— suit for money payable to, Nos. 59, 60, 61, 62. - ———— suit for property conveyed by insane, No. 94. - ———— mistake in fact by, No. 97. - ———— suit for contribution in respect of advance by, No. 100. - ———— suit for profits of land belonging to, No. 109. - ———— denied right to specific performance, No. 113. Plaintiff 1871] Limitation. 209 Plaintiff suing to rescind contract, No. 114. ---denied enjoyment of recurring right, No. 131. ---possession becoming adverse to, Nos. 123, 145. Policy of insurance, suit on, No. 88. ---voidable at insurer's election, suit to recover premia paid under, No. 89. Possession of land, suit for, by purchaser at execution-sale, sec. 17. ---suit for, under Act XIV of 1859, sec. fifteen, No. 3. ---mortgagee's suit for, No. 135. ---private purchaser's suit for, No. 136. ---execution-purchaser's suit for, Nos. 137, 138, 139. ---landlord's suit for, No. 140. ---suit by remainderman, reversioner, or devisee for, No. 141. ---suit by a Hindi entitled on death of widow, No. 142. ---by one who has been dispossessed or has discontinued possession, No. 143. ---by one entitled by reason of forfeiture or breach of condition, No. 144. ---other suits for, No. 145. Pre-emption, suit to enforce right of, No. 10. Premia paid under voidable policy, suit for, No. 89. Prescription, title by, sec. 27. Presentation,—see Appeal. Price of work under Act IX of 1860, suit for, No. 4. ---goods sold and delivered, suit for, Nos. 51, 52, 53. ---trees or growing crops, No. 54. ---work done, suit for, No. 55. Principal debtor, suit by surety against, No. 82. ---against agent, suit by, Nos. 90, 91. Privilege, suit for infringing exclusive, No. 11. Profits of dissolved partnership, suit for, No. 106. ---suit for mesne, No. 109. Promise in writing, effect of, sec. 20. ---to do anything at or on a specified time or contingency, suit on, No. 63. ---in writing registered, suit on, No. 117. Promissory note payable at fixed time after date, No. 68. ---sight or demand, No. 71. ---on demand, No. 72. ---suit by endorsee against endorser of, No. 73. ---payable by instalments, suit on, sec. 23, ill. Nos. 74, 75. ---given by maker to third person to be delivered to payee on certain event, suit on, No. 76. Property comprised in order under Act XVI of 1838, sec. 1, or Act XXV of 1861, cap. 22, suit to recover, No. 46. ---conveyed by plaintiff while insane, suit for, No. 94. See Immovable property, Moveable property, Slander. Prosecution,—see Malicious prosecution. Protest, suit against Government to recover money paid under, No. 18. ---of foreign bill, No. 77. Public Works,—see Wages. Purchaser a 3 210 Limitation. [ ACT IX Purchaser of moveables from trustee, depositary or pawned, No. 133. ———at a private sale of land, suit by, for possession, No. 136. ———at an execution sale of land, suit by, for possession, Nos. 137, 138, 139. Reciprocal demands, No. 87. Recognizance, suit on, No. 121. Recurring right, suit to establish, No. 131. Redemption, acknowledgment of right of, Nos. 147, 148. See Mortgagor. Refusal to pay, acknowledgment accompanied by, sec. 20, expl. (1). ———to complete acquisition of land for public purposes, No. 20. ———of a wife, No. 41. ———of restitution of conjugal rights, No. 42. ———of lost or stolen moveables, Nos. 47, 48. ———of account by agent, No. 90. ———of share of joint family property, No. 127. ———of maintenance, No. 128. ———of enjoyment of recurring right, No. 131. 'Registered' defined, sec. 3. ———appeal, sec. 4, ill. (b). ———instrument, suit to declare forgery of, No. 92. ———suit for breach of contract not, No. 115. ———promise or contract in writing, suit on, No. 117. ———decree or order, application for execution of, No. 168. See Company. Regulation vi of 1831 (Madras) suits under, sec. 1, cl. (c). Regulations, suit to contest award under certain Bengal, No. 44. Relief,—see Fraud, Mistake. Remainderman, suit by, No. 141. Rent, suit to set aside sale of patnī tāluq sold for arrears of, No. 14, cl. (d). ———suit for arrears of, No. 110. Rent-charge, suit for, No. 132. Rent-free land, suit for resumption or assessment of, No. 130. Repeal of enactments, sec. 2, sched. I. Representative of person whose disability continues up to death, sec. 7. ———of express trustee, sec. 10. ———of deceased, sec. 18. ———of deceased plaintiff, sec. 22. ———of deceased defendant, sec. 22. ———his suit for wrong done to the deceased, No. 12. ———his suit for death caused by actionable wrong, No. 13. ———suit against for wrong done by deceased, No. 39. See Administrator, Executor. Rescission of contract, suit for, No. 114. Resistance to claim of easement, sec. 28. Resumption,—see Rent-free land. Revenue, suit to set aside sale by officer of, No. 14, cl. (b). ———suit to set aside sale for arrears of, ib., cl. (c). ———suit to set aside attachment, lease or transfer of land for arrears of, No. 17. See Contribution. Revenue. 1871.] Limitation. 211 Revenue Court, application for execution of summary decision of, No. 166. Reversioner of servient tenement, exclusion in favour of, sec. 28. ———, suit by, No. 141. Review of judgment,—see Application. Revivor of judgment of High Court, No. 169. Right,—see Enzement, Pre-emption, Redemption. Sales in execution of decrees, application to set aside for irregularity, No. 159. —— suits to set aside certain, No. 14. See Purchaser, Rent, Vendor's lien. Scaled acknowledgment insufficient, sec. 20, ill. Seaman's wages, suit for, No. 102. Secretary of State for India in Council, suit in name of, No. 150. See Government. Seduction,—see Service. Servant,—see Service, Wages. Service of summons on absent defendant, effect of, sec. 14. —— suit for loss of, caused by seduction of plaintiff's daughter or servant, No. 27. Servient tenement, exclusion in favour of reversioner of, sec. 28. Setting aside instruments, suits for, No. 92. Set-off, acknowledgment coupled with claim to, sec. 20, expl. (1). Share of profits of dissolved partnership, suit for, No. 106. —— in joint family property, suit to enforce right to, No. 127. Short title, sec. 1. Signature of acknowledgment or promise, sec. 20. Slander, suit for, No. 25. Special appeal,—see Application. Specific recovery of moveables, suit for, No. 35. —— performance of contract, suit to enforce, No. 113. Statutes repealed, sched. I. Substitution of plaintiff, sec. 22. Successive breaches of contract, sec. 23. Suit instituted before 1st April 1873, sec. 1. cl. (a). —— under Indian Divorce Act, ib. cl. (b). —— under Madras Regulation vi of 1831, ib. cl. (c). —— when instituted, sec. 4, expl. —— bond fide in wrong Court, effect of prosecuting, sec. 15. —— effect of staying by injunction commencement of, sec. 16. —— by judgment-debtor to set aside execution-sale, effect of, sec. 17. —— for which no period is specially provided, No. 118. Summary decisions and orders of Mofussil Courts, suits to set aside, No. 15. —— applications to enforce, No. 166. Summary Procedure on Bills of Exchange Act, suit under, No. 5. Summons,—see Service. Surety, suit by, against principal debtor, No. 82. —— against co-surety, No. 83. Surplus collections,—see Mortgagee. Taking moveables, suit for, No. 26. Tavern bill, suit for amount of, No. 8. Tenant, see Landlord. Time, continuous running of, sec. 9. Time 212 Limitation. [ ACT IX Time, mentioned in Native instruments, sec. 26. See Exclusion. Title by prescription, secs. 27, 28. — of depositor or pawnor, acknowledgment of, No. 147. — of mortgagor, acknowledgment of, No. 148. Title-deeds, suit for wrongfully detaining, No. 33. Tort,—see Wrong. —quasi ex contractu,—see Malfeasance, Misfeasance, Nonfeasance, Wrong. Transfer of land for arrears of revenue, suit to set aside, No. 17. Trees, suit for price of, No. 54. — cut down by lessee, suit by lessor for value of, No. 108. Trespass, not included in 'nusance', sec. 3. — suit for, No. 43. Trustee defined, sec. 3. — suit against express, sec. 10. — suit to make good loss caused by breach of trust of deceased, No. 99. — suit for contribution against estate of deceased, No. 101. — suit against purchaser of moveables from, No. 133. — suit against purchaser of land from, No. 134. Undertaking to pay or deliver a debt or legacy, sec. 20, expl. Under-tenures in an estate sold for arrears of revenue, suit to avoid, No. 119. — in a patnl tålue sold for arrears of rent, suit to avoid, No. 120. Vakil, his suit for costs, No. 85. Valuable consideration, effect of, sec. 19, cl. (b), Nos. 133, 134. Vehicles, suit for hire of, No. 49. Vendee,—see Purchaser. Vendor's lien, suit to enforce, No. 111. Wages, &c., of workmen engaged in public works, claim for, No. 4. — of domestic servants, artisans and labourers, suit for, No. 7. — of seamen, suit for, No. 102. Want of jurisdiction, appeal on ground of, sec. 15, expl. 2. Waste lands, suit to contest an award relating to, No. 1. Watercourse, acquisition of title to, sec. 27. — suit for obstructing, No. 31. — suit for diverting, sec. 24, ill. No. 32. Way, acquisition of title to, sec. 27. — suit for obstructing, No. 31. Wife, suit for person of, No. 41. See Conjugal Rights, Divorce Act. Work done, suit for price of, No. 55. Writing,—see Acknowledgment, Promise. Wrong not specially provided for, suit for, No. 40. See Administrator, Carrier, Continuing damage, Damaging moveables, Death, Distress, Executor, False imprisonment, Fraud, Infringement, Injunction, Injury, Legal Process, Libel, Loss, Malfeasance, Malicious prosecution, Misconduct, Misfeasance, Moveable property, Neglect, Nonfeasance, Perversion, Principal, Representative, Service, Slander, Trespass, Watercourse, Way, Wrongdoer, Wrongful seizure. Wrongdoer in possession without title, not a 'trustee,' sec. 3. Wrongful detention of moveables, Nos. 33, 34. — seizure under legal process, suit for, No. 30.