The Limitation Act, 1963
The Limitation Act, 1963, Act No. 36 of 1963, was enacted by Parliament on 5 October 1963 and came into force on 1 January 1964 under a Central Government notification. It consolidates and amends the law on time limits for suits, appeals, applications and other proceedings, and the supplied text records later amendments, including the 2019 removal of the territorial exception for the State of Jammu and Kashmir.
Scope and purpose
The Limitation Act, 1963 applies throughout India and therefore applies to proceedings in Tamil Nadu. It governs when suits, appeals and applications must be filed, how the applicable period is calculated, and when time may be extended or excluded. The period for a particular proceeding is prescribed by the Schedule and calculated under the Act.
Who it affects
The Limitation Act, 1963 affects anyone bringing or defending a civil suit, appeal or application. It is relevant to property buyers, owners, trustees, legal representatives and professionals because it covers property rights, easements, possession, trusts, contracts and applications to execute decrees.
Key provisions
The Limitation Act, 1963 provides that:
- A suit, appeal or application filed after the prescribed period must be dismissed, even if the other party does not raise limitation as a defence.
- If the prescribed period expires when the court is closed, filing may take place when the court reopens.
- A court may admit a late appeal or application if sufficient cause for the delay is shown. This does not apply to applications under Order XXI of the Code of Civil Procedure, 1908.
- Where the person entitled to sue or apply for execution is under a listed legal disability when time begins, the filing period may run after that disability ends. Special limits and exceptions apply.
- Once time has begun to run, a later disability or inability generally does not stop it.
- No length of time bars specified claims against trustees, their legal representatives or certain assigns for trust property, its proceeds or an account of them.
- Time required for obtaining certain copies of judgments, decrees, orders or awards may be excluded when calculating limitation.
- Time spent pursuing certain proceedings in good faith may also be excluded in the circumstances stated in the Act.
Property significance
The Limitation Act, 1963 includes provisions concerning acquisition of easements by prescription and extinguishment of rights to property. It also treats property held for Hindu, Muslim or Buddhist religious or charitable endowments as trust property for the specified trustee provision. The supplied extract does not reproduce the Schedule entries that give the individual filing periods for particular claims.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Can a court dismiss a property suit as time barred even if the defendant does not object?
Yes. A suit filed after the prescribed period must be dismissed, subject to the Act's provisions on extension, exclusion and computation, even if limitation is not raised as a defence.
What happens if my filing deadline falls on a day when the court is closed?
The suit, appeal or application may be filed when the court reopens.
Does a legal disability always stop the limitation period?
No. The Act gives protection where a listed disability exists when the limitation period begins, but a later disability generally does not stop time once it has started running.
Can possession or use over time affect rights in land?
The Act includes provisions on acquiring easements by prescription and extinguishing rights to property. The supplied extract does not state the detailed conditions or individual limitation periods.
