Section 2. continued

22. When, after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have commenced when he was so made a party: Proviso where original plaintiff dies. Provided that, when a plaintiff dies, and the suit is continued by his representatives in interest, it shall, as regards them, be deemed to have commenced when it was instituted by the deceased plaintiff: Proviso where original defendant dies. Provided also, that, when a defendant dies, and the suit is continued against his representatives in interest, it 1871.] Limitation. 167 it shall, as regards them, be deemed to have been commenced when it was instituted against the deceased defendant. THIRD DIVISION: APPLICATIONS,—continued. Part VI.—Three years—contd. | Time when period begins to run. | | --- | --- | --- | | 80.—Suit on a bill of exchange or promissory note not herein expressly provided for. | Three years ... | When the bill or note becomes payable. | | 81.—By the acceptor of an accommodation bill against the drawer. | Ditto ... | When the acceptor pays the amount. | | 82.—By a surety against the principal debtor. | Ditto ... | When the surety pays the creditor. | | 83.—By a surety against a co-surety. | Ditto ... | When the plaintiff pays anything in excess of his own share. | | 84.—Upon any other contract to indemnify. | Ditto ... | When the plaintiff is actually damnified. | | 85.—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 termination of the suit or business, or (where the attorney or vakil properly discontinues the suit or business) the date of such discontinuance. | | 86.—For compensation for damage caused by an injunction wrongfully obtained. | Ditto ... | When the injunction ceases. | | 87.—For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties. | Ditto ... | The time of the last item admitted or proved in the account. | | 88.—On a policy of insurance when the sum assured is payable 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 insurers, whether by or from the plaintiff, or any other person. | THIRD DIVISION: APPLICATIONS,—continued. 1871.] Limitation. 185 SECOND SCHEDULE—continued. FIRST DIVISION : SUITS—continued. 2. On and from that day the enactments mentioned in the first schedule hereto annexed shall be repealed to the extent specified in the third column of the same schedule. Repeal of enactments. THIRD DIVISION: APPLICATIONS,—continued. | Description of suit. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 89.—By the assured to recover premia paid under a policy voidable at the election of the insurers. | Part VI.—Three years—contd. Three years ... | When the insurers elect to avoid the policy. | | 90.—By a principal against his agent for moveable property received by the latter and not accounted for. | Ditto | When the account is demanded and refused. | | 91.—Other suits by principals against agents for neglect or misconduct. | Ditto | When the neglect or misconduct occurs. | | 92.—To cancel or set aside an instrument not otherwise provided for. | Ditto | When the instrument is executed. | | 93.—To declare the forgery of an instrument issued, or registered, or attempted to be enforced. | Ditto | The date of the issue, registration, or 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.—For relief on the ground of fraud. | Ditto | When the fraud becomes known to the party wronged. | | 96.—To set aside a decree obtained by fraud. | Ditto | Ditto. | | 97.—For relief on the ground of mistake in fact. | Ditto | When the mistake becomes known to the plaintiff. | | 98.—For money paid upon an existing consideration which afterwards fails. | Ditto | The date of the failure. | 186 Limitation. [ACT IX SECOND SCHEDULE—continued. THIRD DIVISION: APPLICATIONS,—continued. FIRST DIVISION: SUITS—continued. | Description of suit. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | | Part VI.—Three years—contd. | | | 99.—To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. | Three years ... | The date of the trustee's death, or, if the loss has not then been occasioned, the date of the loss. | | 100.—For contribution by a party who has paid the whole amount due under a joint decree, or by a sharer in a joint estate who has paid the whole amount of revenue due from himself and his co-sharers. | Ditto | The date of the plaintiff's advance in excess of his own share. | | 101.—By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution. | Ditto | When the right to contribution accrues. | | 102.—For a seaman's wages | Ditto | The end of the voyage during which the wages are earned. | | 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 a Muhammadan for deferred dower (mu'wajjal). | Ditto | 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 | The date of the receipt. | 1871.] Limitation. 187 THIRD DIVISION: APPLICATIONS,—continued. SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. THIRD DIVISION: APPLICATIONS,—continued. | Description of suit. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 106.—For an account and a share of the profits of a dissolved partnership. | Part VI.—Three years—contd. Three years ... | The date of the dissolution. | | 107.—By a Hindú manager of a joint estate 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 immoveable property belonging to the plaintiff wrongfully received by the defendant. | Ditto ... | When the profits are received, or, where the plaintiff has been dispossessed by a decree afterwards set aside on appeal, the date of the decree of the appellate Court. | | 110.—For arrears of rent | Ditto ... | When the arrears become due. | | 111.—By a vendor of immoveable property to enforce his lien for 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 made. | | 113.—For specific performance of a contract. | Ditto ... | When the plaintiff has notice that his right is denied. | | 114.—For the rescission of a contract. | Ditto ... | When the contract is executed by the plaintiff. | THIRD DIVISION: APPLICATIONS,—continued. 188 Limitation. [ACT IX SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. THIRD DIVISION: APPLICATIONS,—continued. | Description of suit. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 115.—For the breach of any contract, express or implied, not in writing registered, and not herein specially provided for. | Part VI.—Three years—concld. Three years ... | When the contract is broken, or (where there are successive breaches) when the breach sued for occurs, or (where the breach is continuing) when it ceases. | | 116.—Upon a judgment obtained in a foreign country. | Part VII.—Six years. Six years ... | The date of the judgment. | | 117.—On a promise or contract in writing registered. | Ditto ... | When the period of limitation would begin to run against a suit brought on a similar promise or contract not registered. | | 118.—Suit for which no period of limitation is provided elsewhere in this schedule. | Ditto ... | When the right to sue accrues. | | 119.—By an auction-purchaser or any one claiming under him to avoid incumbrances or under-tenures in an entire estate sold for arrears of Government revenue, the estate being, by virtue of such sale, freed from incumbrances and under-tenures. | Part VIII.—Twelve years. Twelve years... | When the sale becomes final and conclusive. | | 120.—To avoid incumbrances of under-tenures in a *patn*t *tălu*q or other saleable tenure sold for arrears of rent, the *tălu*q or tenure being, by virtue of such sale, freed from incumbrances and under-tenures. | Ditto ... | When the sale becomes final and conclusive. | THIRD DIVISION: APPLICATIONS,—continued. 1871.] Limitation. 189 SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. | Description of suit. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 121.—Upon a judgment obtained in British India, or a recognizance. | Part VIII.—Twelve years—continued. Twelve years... | The date of the judgment or recognizance. | | 122.—For a legacy or for a distributive share of the moveable property of a testator or intestate. | Ditto | When the legacy or share becomes payable or deliverable. | | 123.—For possession of an hereditary office. | Ditto | When the defendant, or some person through whom he claims, took 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. | | 124.—Suit during the life of a Hindú widow by a Hindú entitled to the possession of land on her death to have an alienation made by the widow declared to be void except for her life. | Ditto | The date of the alienation. | | 125.—By a Hindú governed by the law of the Mitákshará to set aside his father's alienation of ancestral property. | Ditto | The date of the alienation. | | 126.—Like suit by a Hindú governed by the law of the Dáyabhága. | Ditto | When the father dies. | 190 Limitation. [ACT IX SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. THIRD DIVISION: APPLICATIONS,—continued. | Description of suit. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 127.—By a Hindú excluded from joint-family property to enforce a right to share therein. | Part VIII.—Twelve years—continued. | When the plaintiff claims and is refused his share. | | 128.—By a Hindú for maintenance… | Twelve years… | When the maintenance sued for is claimed and refused. | | 129.—To establish or set aside an adoption. | Ditto | The date of the adoption, or (at the option of the plaintiff) the date of the death of the adoptive father. | | 130.—For the resumption or assessment of rent-free land. | Ditto | When the right to resume or assess the land first accrued: Provided that no such suit shall be maintained where the land forms part of a permanently-settled estate, and has been held rent-free from the time of the Permanent Settlement. | | 131.—To establish a periodically recurring right. | Ditto | When the plaintiff is first refused the enjoyment of the right. | | 132.—For money charged upon immoveable property. | Ditto | When the money sued for becomes due. | Explanation.—The allowance and fees called *mālikāna* and *hagṣa* shall, for the purpose of this clause, be deemed to be money charged upon immoveable property. 1871.] Limitation. 191 SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. THIRD DIVISION: APPLICATIONS,—continued. | Description of suit. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 133.—To recover moveable property conveyed in trust, deposited or pawned and afterwards bought from the trustee, depositary or pawnee, in good faith and for value. | Part VIII.—Twelve years—continued. Twelve years ... | The date of the purchase. | | 134.—To recover possession of immoveable property conveyed in trust or mortgaged and afterwards purchased from the trustee or mortgagee in good faith and for value. | Ditto | The date of the purchase. | | 135.—Suit instituted in a Court not established by Royal Charter by a mortgagee for possession of immoveable property mortgaged. | Ditto | When the mortgagee is first entitled to possession. | | 136.—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 execution-debtor was out of possession at the date of the sale. | Ditto | When the execution-debtor is first entitled to possession. | | 138.—By a purchaser of land at a sale in execution of a decree, for possession of the purchased land, when he never has had possession. | Ditto | The date of the sale. | | 139.—Like suit when the purchaser had possession, but was afterwards dispossessed. | Ditto | The date of the dispossession. | | 140.—By a landlord to recover possession from a tenant. | Ditto | When the tenancy is determined. | THIRD DIVISION: APPLICATIONS,—continued. 192 Limitation. [ACT IX SECOND SCHEDULE—continued. FIRST DIVISION: Suits—continued. THIRD DIVISION: APPLICATIONS,—continued. | Description of suit. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 141.—By a remainderman, a reversioner (other than a landlord), or a devisee, for possession of immoveable property. | Part VIII.—Twelve years—continued. Twelve years... | When his estate falls into possession. | | 142.—Like suit by a Hindú entitled to the possession of immoveable property on the death of a Hindú widow. | Ditto | When the widow dies. | | 143.—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. | | 144.—Like suit, when the plaintiff has become entitled by reason of any forfeiture or breach of condition. | Ditto | When the forfeiture was incurred or the condition broken. | | 145.—For possession of immoveable property or any interest therein not hereby otherwise specially provided for. | Ditto | When the possession of the defendant, or of some person through whom he claims, became adverse to the plaintiff. | | 146.—For a declaration of right to an easement. | Ditto | When the easement ceased to be enjoyed by the plaintiff, or the persons on whose behalf he sues. | | 147.—Against a depositary or pawnee to recover moveable property deposited or pawned. | Part IX.—Thirty years. | The date of the deposit or pawn, unless where an acknowledgment of | 1871.] Limitation. 193 SECOND SCHEDULE—continued. THIRD DIVISION: APPLICATIONS,—continued. FIRST DIVISION: Suits—continued. | Description of suit. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 148.—Against a mortgagee to recover possession of immoveable property mortgaged. | Part X.—Sixty years. Sixty years ... | the title of the depositor or pawnor, or of his right of redemption, has before the expiration of the prescribed period been made in writing, signed by the depository, or pawnee, or some person claiming under him, and, in such case, the date of the acknowledgment. Provided that all claims to redeem, arising under instruments of mortgage of immoveable property situate in British Burma, which have 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. | 194 Limitation. [ACT IX SECOND SCHEDULE—continued. FIRST DIVISION: SUITS—continued. | Description of suit. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 149.—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. | Part X.—Sixty years,—contd. Sixty years ... | When any part of the principal or interest was last paid on account of the mortgage debt. | | 150.—Any suit in the name of the Secretary of State for India in Council. | Ditto ... | When the right to sue accrued. | THIRD DIVISION: APPLICATIONS,—continued. SECOND DIVISION: APPEALS. | Description of appeals. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 151.—Under the Code of Civil Procedure to the Court of a District Judge. | Thirty days ... | The date of the decree appealed against. | | 152.—Under the Code of Criminal Procedure to any Court other than the High Court. | Ditto ... | The date of the sentence or order appealed against. | | 153.—Under the same Code to the High Court. | Sixty days ... | Ditto. | | 154.—Under the Code of Civil Procedure to the High Court. | Ninety days ... | The date of the decree appealed against. | THIRD DIVISION: APPLICATIONS. | Description of application. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 155.—Under the Code of Civil Procedure to set aside an award. | Ten days ... | When the award is submitted to the Court, and notice of the submission has been given to the persons and in manner prescribed by the High Court. | 1871.] Limitation. 195 SECOND SCHEDULE—continued. THIRD DIVISION: APPLICATIONS—continued. THIRD DIVISION: APPLICATIONS,—continued. | Description of application. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 156.—By a plaintiff for an order to set aside a judgment by default. | Thirty days ... | The date of the judgment. | | 157.—By a defendant for an order to set aside a judgment ex parte. | Ditto ... | The date of executing any process for enforcing the judgment. | | 158.—Under the Code of Civil Procedure, by a person dispossessed of immovable property, and disputing the right of the decreeholder to be put into possession. | Ditto ... | The date of the dispossession. | | 159.—To set aside a sale in execution of a decree, on the ground of irregularity in publishing or conducting the sale. | Ditto ... | The date of the sale. | | 160.—Complaining of resistance or obstruction to delivery of possession of immovable property sold in execution of a decree, or of dispossession in the delivery of possession to the purchaser of such property. | Ditto ... | The date of the resistance, obstruction or dispossession. | | 161.—For re-admission of an appeal dismissed for want of prosecution. | Ditto ... | The date of the dismissal. | | 162.—For leave to appeal as a pauper | Ninety days ... | The date of the decree appealed against. | | 163.—To a High Court for the admission of a special appeal. | Ditto ... | Ditto. | | 164.—For a review of judgment ... | Ditto ... | The date of the decree. | | 165.—Under the Code of Civil Procedure, section three hundred and twenty-seven, that an award be filed in Court. | Six months ... | The date of the award. | THIRD DIVISION: APPLICATIONS,—continued. [ACT IX] | Description of application. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 166.—For the execution of a decision (other than a decree or order passed in a regular suit or an appeal) of a Civil Court or of a Revenue Court. | One year ... | The date of the decision or of taking some proceeding to enforce or keep in force the decision. | | 167.—For the execution of a decree or order of any Civil Court not provided for by No. 169. | Three years ... | The date of the decree or order, or (where there has been an appeal) the date of the final decree or order of the Appellate Court, or (where there has been a review of judgment) the date of the decision passed on the review, or (where the application next hereinafter mentioned has been made) the date of applying to the Court to enforce, or keep in force, the decree or order, or (where the notice next hereinafter made has been issued) the date of issuing a notice under the Code of Civil Procedure, section two hundred and sixteen, or (where the application is to enforce payment of an instalment which the decree directs to be paid at a specified date) the date so specified. | 1871.] Limitation. SECOND SCHEDULE—continued. THIRD DIVISION: APPLICATIONS,—continued. THIRD DIVISION: APPLICATIONS,—continued. | Description of application. | Period of limitation. | Time when period begins to run. | | --- | --- | --- | | 168.—For the execution of any such decree or order of which a certified copy has been registered under the Indian Registration Act. | Six years ... | The date of the decree or order, or (where there has been an appeal) the date of the final decree or order of the Appellate Court, or (where there has been a review of judgment) the date of the decision passed on the review. | | 169.—To enforce a judgment, decree or order of any Court established by Royal Charter in the exercise of its ordinary original civil jurisdiction. | Twelve years:... | When a present right to enforce the judgment, decree or order accrued 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. | 198 Limitation. [ACT IX INDEX. *Nothing hereinafter contained shall be deemed to have the force of law.* THIRD DIVISION: APPLICATIONS,—continued. NOTE.—The numbers to which 'No.' or 'Nos.' is prefixed refer to the articles in the second schedule. THIRD DIVISION: APPLICATIONS,—continued. - Absence of defendant from British India, sec. 14. - Accommodation-acceptor, suit by, No. 81. - Account, suit against a factor for an, No. 64. See *Partnership.* - Account current, suit for balance due on mutual and open, No. 87. - Account stated, suit for money found due on, No. 62. - Acknowledgment in writing, effect of, sec. 20. - by one of several persons chargeable, sec. 20, expl. (2). - of title of depositor or pawnor, No. 147. - of title of mortgagor, No. 148. - of right to money secured by judgment, No. 169. - Act in pursuance of enactment, suit for doing or omitting to do, No. 2. - Act XVI of 1838, No. 46. - Act XII of 1855, suit under, No. 12, No. 39. - Act XIII of 1855, suit under, No. 13. - Act VIII of 1859,—see *Civil Procedure Code.* - Act XIV of 1859, sec. 15, suit under, No. 3. - Act IX of 1860, sec. 1, suit under, No. 4. - Act XXV of 1861, cap. 22, No. 46. - Act XXIII of 1863, suit to contest award under, No. 1. - Act V of 1866, suit under, No. 5. - Act repealed, sec. 2 and sched. 1. - Addition of defendant, sec. 22. - Administrator, to estate of his creditor, sec. 9. - suit by, for wrong to intestate, No. 12. - suit by, for death caused by actionable wrong, No. 13. - suit against, for wrong done by intestate, No. 39. See *Representative.* - Admission, after time, of appeal or application for review, sec. 5, cl. (b). - of liability, sec. 20, expl. - of special appeal, application for, No. 163. - Adoption, suit to establish or set aside an, No. 129. Adverse THIRD DIVISION: APPLICATIONS,—continued. 1871.] Limitation. 199 THIRD DIVISION: APPLICATIONS,—continued. Adverse possession of an hereditary office, No. 123. of immovable property, No. 145. Advertisement to creditors insufficient to take debt out of operation of Act, sec. 20, ill. Agent may sign promise or acknowledgment taking debt out of Act, sec. 20. may pay interest or principal taking debt out of Act, sec. 21. of judgment-debtor in Charter Court, acknowledgment by, No. 169. of judgment-creditor in Charter Court, acknowledgment to, ib. See Factor, Principal. Air, prescriptive title to access and use of, sec. 27. Ancestral property, suit to set aside alienation of, Nos. 125, 126. Animals, suit for hire of, No. 49. Appeal presented after time, sec. 4; sec. 5, cl. (b). in Non-Regulation Province, sec. 6. from decree of High Court on original side, ib. on ground of want of jurisdiction, sec. 15, exp. 2. to Court of District Judge, No. 151. under Criminal Procedure Code to any Court other than High Court, No. 152. to High Court, under Criminal Procedure Code, No. 153. under Civil Procedure Code, No. 154. See Application. Application presented after time, sec. 4. for review of judgment, sec. 5, cl. (b.), sec. 13. to review decrees, &c., of High Court on original side, sec. 6. to set aside an award, sec. 13 and No. 155. for order to set aside judgment by default, No. 156. for order to set aside judgment ex parte, No. 157. under Code of Civil Procedure, sec. 230, No. 158. to set aside an execution sale, No. 159. complaining of resistance, &c., to delivery of possession of land sold in execution, or of dispossession, No. 160. for re-admission of an appeal, No. 161. for leave to appeal as a pauper, sec. 13, No. 162. to High Court for admission of special appeal, sec. 13, No. 163. for review of judgment, sec. 5, cl. b., No. 164. that an award be filed in Court, No. 165. for execution of a decision (not a decree) of a Civil Court, No. 166. for execution of a decree, No. 167. for execution of a registered decree, No. 168. to enforce judgment of Charter Court, No 169. Arrears of rent, suit to set aside sale of patnī tāluq for, No. 14 (d). málíkāná, suit for, No. 132. of revenue, suit to set aside sale for, No. 14 (c). suit to set aside attachment, lease, or transfer of land for, No. 17. suit for money paid under protest in satisfaction of claim for, No. 18. Artisan—see Wages. Assessment THIRD DIVISION: APPLICATIONS,—continued. 200 Limitation. [ACT IX THIRD DIVISION: APPLICATIONS,—continued. Assessment of rent-free land, suit for, No. 130. Attachment of land for arrears of revenue, suit to set aside, No. 17. Attorney, his suit for costs, No. 85. Auction purchaser, suit by, to avoid incumbrances on estate sold for revenue arrears, No. 119. Averment in acknowledgment that time for payment has not come, sec. 20, exp. 1. Award, under Claims to Waste Land Act, suit to contest, No. 1. ——-application to set aside, No. 155. ——-application to file in Court au, No. 165. ——-made under certain Bengal Regulations, suit to contest, No. 44. ——-suit to recover property comprised therein, No. 45. Balance of advance in payment of goods to be delivered, suit for, No. 50. ——-due on mutual, open and current account, suit for, No. 87. Bar, limitation set up as a, sec. 20, exp. 1. Benamidar not a 'trustee,' sec. 3. Bill of exchange includes a hundi, ib. ——-suit on, under Act V of 1866, No. 5. ——-suit for price of goods to be paid for by, No. 53. ——-payable a fixed time after date, No. 68. ——-payable at or after sight, No. 69. ——-accepted payable at a particular place, No. 70. ——-payable at a fixed time after sight or demand, No. 71. ——-payable on demand, No. 72. ——-by endorsee of, No. 73. ——-suit on a dishonoured foreign, No. 77. ——-dishonoured by non-acceptance, No. 78. ——-non-acceptance and non-payment, No. 79. ——-not expressly provided for, 80. ——-suit by accommodation-acceptor against drawer of, No. 81. Board and lodging, suit for, Nos. 8 and 9. Boats, suit for hire of, No. 49. Bona fides—see Good faith. Bond, suit on a single, Nos. 65, 66. ——-subject to condition, suit on, No. 67. ——-payable by instalments, suit on, Nos. 74, 75. Breach of contract, suit for, sec. 23, No. 115. ——-where contract is registered, No. 117. ——-trust, No. 99. British India, defendant's absence from, sec. 14. ——-suits in, on foreign contracts, sec. 11. Bye-law, suit for penalty under, No. 6. Calendar, Gregorian, sec. 26. Call,—see Company. Cancellation of instrument, suit for, No. 92. Carrier losing or injuring goods, suit against, No. 36. ——-delaying delivery of goods, suit against, No. 37. Charter Court, appeal to, under Criminal Procedure Code, No. 152. ——-under Civil Procedure Code, No. 154. THIRD DIVISION: APPLICATIONS,—continued. Charter 1871.] Limitation. 201 Charter Court, application for execution of decree or order of, Nos. 167, 168. _________________________ of other decisions of, No. 166. _________________________ to enforce judgment of, in original jurisdiction, No. 169. _________________________ redemption suit in, No. 148. _________________________ foreclosure suit in, No. 149. Cheque, suit for money lent by, No. 57. Civil Procedure Code, sec. 60, sec. 14. _________________________ sec. 119, Nos. 156, 157. _________________________ sec. 230, No. 158. _________________________ sec. 256, No. 159. _________________________ sec. 269, No. 160. _________________________ sec. 324, No. 155. _________________________ sec. 327, No. 165. _________________________ sec. 333, No. 154. _________________________ sec. 347, No. 161. _________________________ sec. 373, Nos. 162, 163. _________________________ repeal of parts of sec. 2, sched. I. Claim against a company being wound up by Court, sec. 4, exp. _________________________ to a set-off, sec. 20, exp. 1. _________________________ under Act IX of 1860, No. 4. Claimant, disability of joint, sec. 8. _________________________ in good faith and for value through fraudulent person, sec. 19 (b). Closing of Court, effect of, sec. 5, cl. (a.) Collector, suit to set aside sale by, No. 14 (b). See Officer. Commencement of Act, sec. 1. _________________________ of suit stayed by injunction, sec. 16. THIRD DIVISION: APPLICATIONS,—continued. Company wound up by Court, when claim against, instituted, sec. 4, exp. _________________________ suit for call by registered, No. 112. Compensation for lawful act becoming unlawful, suit for, sec. 25. _________________________ for land taken for public purposes, suit for, Nos. 19, 20. _________________________ for wrong independent of contract, No. 40. Conjugal rights, suit for, No. 42. Consideration, suit for money paid on failing, No. 98. See Valuable Consideration. Contingency, suit on promise to do anything on happening of specified No. 63. Continuance of injunction, exclusion of time of, sec. 16. Continuing breaches of contract, sec. 23. _________________________ nuisance, sec. 24. Contract, suit on foreign, sec. 11. _________________________ suit for breach of, where there are successive breaches, sec. 23. _________________________ where the breach is continuing, ib. _________________________ suit for inducing a person to break, No. 28. _________________________ to indemnify, suit on, Nos. 80—84. _________________________ suit for specific performance of, No. 113. _________________________ rescission of, No. 114. _________________________ revision of,—see Fraud, Mistake. _________________________ breach of unregistered, No. 115. Contract, a 2 202 Limitation. [ACT IX Contract, in writing registered, suit on, No. 117. THIRD DIVISION: APPLICATIONS,—continued. See *Account, Animals, Attorney, Balance, Bill of Exchange, Board and Lodging, Boats, Bond, Consideration, Continuing breaches, Contribution, Costs, Co-surety, Co-trustee, Creditor, Debt, Demand, Depositary, Extinction, Factor, Foreign contracts, Furniture, Goods, Growing crops, Hire, Indemnity, Lodging, Money, Mortgagee, Partnership, Pawnee, Policy, Pre-emptiqn, Premia, Price, Principal, Promise, Promissory Note, Rent, Sales, Seaman's wages, Surety, Tavern Bill, Trees, Vakil, Vendor's lien, Wages.* Contribution when plaintiff pays whole amount due under a joint decree, No. 100. — when he pays whole amount of revenue due from himself and his co-sharers, *ib.* — claim for, against estate of deceased co-trustee, No. 101. — in respect of payment by Hindû manager on account of joint estate, No. 107. Copy of decree, sentence, order or award, exclusion of time requisite for obtaining, sec. 13. Copyright, suit for infringing, No. 11. Costs, suit for, No. 85. Co-surety, suit against, No. 83. Co-trustee, suit against, No. 101. Court,—see *Appeal, Application, Award, Charter-Court, Claim, Closing, Day, Diligence, High Court, Order, Revenue Court, Summary decisions.* Credit, fixed period of, No. 52. Creditor, disability of joint, sec. 8. See *Administrator, Advertisement, Agent.* Criminal Procedure Code, appeal to High Court under, No. 153. — appeal to any other Court under, No. 152. Crops,—see *Growing Crops.* Damage, suit for act becoming unlawful on causing, sec. 25. THIRD DIVISION: APPLICATIONS,—continued. Damaging moveables, suit for, No. 26. Date of acknowledgment or promise, sec. 20, cl. (*c*). Daughter,—see *Service.* Day on which closed court re-opens, sec. 5, cl. (*a*). — on which right to sue accrues excluded, sec. 13. — on which judgment complained of was pronounced excluded, *ib.* — on which former suit in wrong court was instituted, sec. 15, exp. 1. — on which such suit was ended, *ib.,* exp. 1. Dâyabhâga, suits by Hindû under law of, No. 126. Death of person under disability, sec. 7. — of person who, if living, would have a right to sue, sec. 18. — of person against whom, if living, right to sue would have accrued, sec. 18. — of original plaintiff, sec. 22. — of original defendant, *ib.* — caused by actionable wrong, suit for, No. 13. Debt, acknowledgment of, or promise to pay, sec. 20. — payment of interest on, sec. 21. See *Part payment.* Debtor 1871.] Limitation. 203 THIRD DIVISION: APPLICATIONS,—continued. Debtor,—see *Agent*. Decision in any proceeding not a suit, suit to set aside, No. 15. Decree,—see *Application, Charter Court, Fraud, Instalments*. Default, application to set aside judgment by, No. 156. Defence, limitation need not be set up as a, sec. 4. ———foreign rule of limitation not a, sec. 12,—see *Extinction*. Defendant, effect of his absence from British India, sec. 14. ———effect of adding, sec. 22. ———death of original, *ib*. ———adverse possession, Nos. 123, 145. Delay in delivering, suit against carrier for, No. 37. Demand, suit for money payable on, No. 58. ———suit on bill or note payable at a fixed time after, No. 71. ———payable on, No. 72. Depository, suit against, No. 147. ———suit against *bond fide* purchaser from, No. 133. Destruction of written acknowledgment, sec. 20 c. Detinue, Nos. 33, 34. Devisce, his suit for possession of immoveable property, No. 141. Diligence, suing in wrong court with due, sec. 15. Disability, legal, sec. 7. ———of one joint-creditor or claimant, sec. 8. ———subsequent to time beginning to run, sec. 9. Discoutinuance of possession, No. 143. Dismissal of suits instituted after period, sec. 4. ———of appeals and applications presented and made after period, *ib*. but see sec. 5, cl. (*b*). Dispossession of purchaser at execution sale, No. 139. ———of plaintiff, No. 143. Distress, suit for illegal, irregular, or excessive, No. 29. District Judge,—see *Appeal*. Diverting watercourse, suit for, sec. 24, ill. No. 32. Divorce Act, this Act does not apply to suits under, sec. 1, cl. (*b*). Document, effect of fraudulently concealing, sec. 19. Domestic servant,—see *Wages*. Dower, suit by Muhammadan for exigible, No. 103. ———deferred, No. 104. Drawer,—see *Bill of Exchange*. Drink supplied by hotel-keeper, suit for, No. 8. Easement, acquisition of right to, secs. 27, 28. ———declaration of right to, No. 146. See *Air, Light, Resistance, Watercourse, Way*. Enactments, suits for doing or omitting acts in pursuance of, No. 2. Endorsce,—see *Promissory note*. Enforcement of forged instrument, No. 93. Evidence,—see *Oral evidence, Presumption*. Exclusion of day on which right to sue accrued, sec. 13. ———of day on which judgment complained of was pronounced, *ib*. ———of time requisite for obtaining copy of decree appealed against, *ib*. THIRD DIVISION: APPLICATIONS,—continued. Exclusion 204 Limitation. [ACT IX Exclusion of time requisite for obtaining copy of award, sec. 13. — of time of defendant's absence from British India, sec. 14. — of time of suing bond fide in court without jurisdiction, sec. 15. — of time during which commencement of suit has been stayed by injunction, sec. 16. — of time during which judgment-debtor sues to set aside execution-sale, sec. 17. Exclusive privilege, damages for infringing, No. 11. Execution,—see Application. Execution-sale, exclusion of time during which judgment-debtor sues to set aside, sec. 17. — application to set aside, No. 159. — suit to set aside, sec. 17. — suit for possession by purchaser at, Nos. 137, 138, 139. Executor, acknowledgment or promise by one, sec. 20, expl. 2. — suit by, for wrong to testator, No. 12. — suit by, for death caused by actionable wrong, No. 13. — suit against, for wrong done by testator, No. 39. Ex parte judgment, application for order to set aside, No. 157. Expiry of period of limitation when court is closed, sec. 5, cl. (a). Extinction of contract by foreign limitation law, sec. 12. — of right to land or hereditary office, sec. 29. Factor, suit against, for an account, No. 64. Failing consideration, suit for money paid on, No. 98. False imprisonment, suit for, No. 21. Food supplied by hotel-keeper, &c., suit for, No. 8. Foreclosure suit,—see Mortgagee. Foreign country defined, sec. 3. — suits on contracts entered into in, secs. 11, 12. THIRD DIVISION: APPLICATIONS,—continued. Foreign contract, suit on, sec. 11. — limitation law, sec. 12. — bill, suit on dishonoured, No. 77. — judgment, suit on, No. 116. Forfeiture, suit for, No. 6. Forgery,—see Instrument. Fraud, effect of, sec. 19. — suit for relief on ground of, No. 95. — suit to set aside decree obtained by, No. 96. Furniture, suit for hire of household, No. 49. Good faith, defined, sec. 3. — effect of suing in wrong court in, sec. 15. — claimant through fraudulent person in, sec. 19 (b). — purchase of moveables from trustee, &c., in, No. 133. — purchase of immoveables from trustee or mortgagee in, No. 134. Goods to be delivered, suit for balance of advance in payment of, No. 50. — sold and delivered, suit for price of, No. 51. — to be paid for after a fixed time, suit for price of, No. 52. — by a bill, suit for price of, No. 53. See Moveable property. Government