Law of Limitation-PDF-Format (1)

Dr.M.S.RAJ-PUROHIT BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION

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BRIEF NOTES ON THE IMPORTANT POINTS OF THE LAW OF LIMITATION Introduction:

Law is the back-bone for the standing of the peaceful and live society. It lives and changes with the change in the society. The mortality is the fate of every life. The nature and its laws follow it without break and deviations. So would be the fate with the litigations, because there is no good to the society in keeping them to be live for sine-die period. The law of limitation is founded on the Latin maxim “ Interest republicae ut sit finis litium” , which means that it is for the general welfare that a period be put p ut to litigation. 1 The Hon’ble Supreme Court in Rajendar Singh v. Santa Singh held that the object of the law of limitation is to prevent disturbance or deprivation may have been acquired in equity and justice by long enjoyment or what may have been lost by a party’s own inaction, negligence or laches. History:

The traces of law of limitations can be observed in almost every period (Yuga) of Hindu mythology i.e. Sat, Treta, Dwapar & now in Kali. Example can be seen in Ramayan & Mahabharat also. 2 However, some writers state that under the Hindu Jurisprudence there was only a law of prescription and no law of limitation as such. For the acquisition of the title by prescription a period of 20 years was laid down by certain Smriti writers though others differed regarding the length of period. The main occupation of the people being agriculture and there being very little commerce or trade, concentration was more on the land and the rights therein. This was the position not only in Hindu society but also in other countries; thus in England before James Statute of 1523 there was no specific Law of Limitation. 1523 A.D

James Statute introduced in England for the Law of Limitation.

1793 A.D.

From 1793 A.D. Regulations were passed from time to time for fixing the limitation for institution of action; but

1858 A.D.

Before 1859 i.e. till 1858 two systems of Law of Limitation were adopted by the Courts in India. In Presidency towns viz. Calcutta, Madras and Bombay the English Law was followed; whereas in Moffusills courts administered the law as laid down by the Regulations which passed from time to time.

1 2

AIR 1973 SC 2537. th P.Basu’s commentary on Limitation Act; 6 Edition, 2006, pp.1,7


2 1859 A.D. 1862 A.D.

First time Act XIV of 1859 was passed a law on the subject Limitation. Act XIV of 1859 came in to operation.

1871 A.D.

Act XIX of 1871.

1877 A.D.

Act XV of 1877. Later some Amending Acts were also passed.

1908 A.D.

Finally, the question of consolidating and amending the law relating to limitation for Suits, Appeals and Applications was taken up and the Limitation Act of 1908 (IX of 1908) was passed.

th

rd

27 July, 1956 Law commission in the 3 Report dt 27-7-1956 made various recommendations pertaining to the limitation law. rd

23 Dec, 1960 On the recommendation of the Law Commission a Bill of that intent was introduced in the Parliament but it lapsed on account of dissolution of the Lok-Sabha. 1962 A.D.

the above mentioned Bill was again introduced in the Parliament. rd This Bill of 1960/62 seeks to implement the 3 Report of the Law Commission on the Indian Limitation Act, 1908, with one important modification. While giving effect to the recommendations of the Commission as respects the re-arrangements of the Articles contained in st the 1 Schedule in accordance with their subject-matter of the rationalization of the periods of limitation as far as possible, it is felt that it would be more advantageous to adhere to the existing scheme which in almost all cases indicates the specific points of time from which the period of limitation begins to run.

th

5 Oct, 1963 Assent of the President on the Limitation Bill was accorded; and thus The Limitation Act, 1963 came in to existence. st

1 Jan, 1964 The Limitation Act, 1963 came in to force.

1. Object of the Law of Limitation

The object of the Law of Limitation is well known that interest of the State requires that there should be an end of litigation. The utility of a Statute of Limitation has never been a matter of serious doubt or dispute. It has been said that the Statute of Limitation is a Statute of repose, peace, and justice. It is one of the repose, because it extinguishes stale demands and quiets title, in the words of John Voet, controversies are restricted to a fixed period of time lest they become immortal while men are mortal. It secures peace as it ensures security of rights and it


3 secures justice, as by lapse of time evidence in support of rights may have been destroyed. There can be thus being no doubt that it (The Law of Limitation) rests on the sound policy. The operation of the law of prescription has been explained by Lord Plunket in a striking metaphor. He stated that time holds in on hand a scythe and in the other, a hour-glass. The scythe moves down the evidence of our rights while the hourglass measures the period which renders that evidence superfluous. Commenting on this a learned author observes that the metaphor could have been completed by adding, so far as India is concerned, that the frame work of the hour-glass will certainly decay, the glass be 3 broken and the sand escape. The object or the law of limitation is to prevent disturbance or deprivation of what may have been acquired in equity and justice by long enjoyment or what may have been lost by a party's own inaction, negligence, or laches. (Rajender Singh and Ors.Vs.Santa Singh 4 and Ors.) Rules of limitation are not meant to destroy the rights of parties. They are meant to see that parties do not resort to dilatory tactics, but seek their remedy promptly. The object of providing a legal remedy is to repair the damage caused by reason of legal injury. The law of limitation fixes a life-span for such legal remedy for the redress of the legal injury so suffered. Time is precious and wasted time would never revisit. During the efflux of time, newer causes would sprout up necessitating newer persons to seek legal remedy by approaching the courts. So, a life-span must be fixed for each remedy. Unending period for launching the remedy may lead to unending uncertainty and consequential anarchy. The law of limitation is thus founded on public policy. It is enshrined in the maxim interest re publicae ut sit finis litium (it is for the general welfare that a period be put to litigation). The idea is that every legal remedy must be kept alive for legislatively fixed 5 period of time. (Popat and Kotecha Property v. State Bank of India Staff Association.) 2. Construction of the Law of Limitation

Law of limitation is not meant to be an aid to unconscionable conduct, although, if a claim is clearly barred, the Court must unhesitatingly dismiss the suit. It is a law of repose, peace and justice which bars the remedy after the lapse of a particular period by way of public policy and expediency without extinguishing the right except in certain cases. Therefore, the Court must lean against limitation and in favour of the subsistence of the right to sue where two views are clearly possible. When there is the benefit of a reasonable doubt in the matter of construction of a statement relied upon to serve as an acknowledgment to save limitation, the benefit of that doubt should go to the plaintiff. That is what V.R. Krishna Iyer, J. said in Eapen Panicker v.

3

Report of the Law Commission of India on the Limitation Act, p.1 AIR 1973 SC 2537 5 (2005)7SCC510 4


4 Krishna Panicker, (1970 KLT 42), following earlier Supreme Court decisions. (vide Craft 6 Centre and Ors. v. The Koncherry Coir Factories, Cherthala) 3. Law of Limitation bars the remedy and does not extinguish the right

As has been laid by the Supreme Court in the case of Popat and Kotecha Property’s case(supra), the Law of Limitation bars only the remedy and does not extinguish the rights of the parties. Illustration: st A enters into an agreement with B on 1 January, 2003, to sell his property for a certain sum of money and receives some advance. He agrees to execute a sale deed within two months, but later on refuses to do so. B can file a suit for specific st performance of contract within three years from 1 March, 2003, as per article 54 of the Limitation Act, 1963 (hereinafter referred to as ‘the Act’). However B does not st file the suit till 1 March 2006 and there after the suit is barred by limitation. But on st account of good sense if A performs the contract, even 1 March 2006, no body is going to stop him, nor he can later file a suit to get the sale deed cancelled on the ground that he was not obliged to perform the contract after the limitation. Exception:

However there is an exception to the aforesaid rule. Section 27 of the Act says that at the determination of the period hereby limited to any person for instituting a suit a for possession of any property, his right to such property shall be extinguished. This provision has been kept because the adverse possession creates an absolute ownership in favour of the person who is in adverse possession. Salient Features: 1. Suits, appeals and applications filed after the laws of limitation are liable to be dismissed:

Every suit instituted, appeal preferred, and application made -after the prescribed period of limitation shall be dismissed although limitation has not been set up as a defense. (Section 3) However this provision is subject to the provisions of section 4 to 24 of the Act, which we shall deal in the succeeding paragraphs.

2. Exclusion of time in certain cases: 6

AIR1991Ker83


5

When the court is closed on the last day of the limitation, the limitation shall be extended up to a period when the court re-opens. For example, when the last day of limitation falls on Sunday, or in summer vacation, when the court is closed, the plaint, petition or appeal can be presented on Monday, or on the first day of the court re-opening after the summer vacation . (Section 4) Except the original suits, and applications under Order XXI of the Code of Civil Procedure (Execution Petitions for Decrees), all appeals and applications can be accepted by the Court, even after the expiration of the limitation period, provided adequate and sufficient grounds for not filing the application or appeal in time are given. (Section 5) Thus the provisions of section 5 of the Act do not apply to any suit or other petition filed for the first time in Court, like Election Petitions, Civil Suits and Cases under the Consumer Protection Act. If the person is a minor or under a legal disability, when the right to sue starts, than the time of limitation shall start running only when the the person becomes major or the disability ceases to exist. However for certain suits, the limitation can not extend for more than three years, after the cessation of disability or attaining majority. For example, A lends money to B with a condition that the money would be repaid after two months. The time limitation will start running only after two months of the date of lending. After one and half month A becomes insane, which insanity continues for twelve years. The time shall start running only after twelve years. In a suit for redemption or foreclosure of mortgage if the limitation of 30 years expired during the period of insanity of the plaintiff, the maximum limitation which can be allowed to him after cessation of the diability would be three years . (Sections 6, 7 & 8). The aforesaid provisions shall apply to Legal Representatives as well . But once the time has started running, no subsequent disability or inability can stop it. For example, A purchases goods on credit from B, with no time limit fixed for repayment. In this case the time of limitation starts running as soon as the goods are purchased. In case B becomes insane, still the time will not stop running and if the suit is not filed within three years of purchasing the goods, the same will be time barred. (Section 9) 3. Computation method:

In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded. For example, a loan st is taken on 1 January 2003. While computing the period of limitation the st nd day of 1 January 2003 shall be excluded and will be counted from 2


6 st

January 2003. Therefore a suit filed on 1 limitation.

January 2006 shall be within

In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgement complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded. Similarly in computing the period of limitation for an application to set aside an award, the time requisite for obtaining a copy of the st award shall be excluded. For example a judgement is pronounced on 1 January, 2007. While calculating the time for appeal, this day will be st excluded and an appeal can be filed within thirty days, i.e. upto 31 January, nd 2007 (If the limitation for such appeal is thirty days). Now 2 February, 2007 the aggrieved person files an application for a certified copy, which is th delivered to him on 10 February, 2007. Thus he will get 9 more days and th can file appeal up to 9 March 2007. This rule applies to revision, review and awards as well. However after making an application for taking certified copy, the person does not take the copy, despite the fact that the copy is ready and the court has served him a notice to take the same, such time can not be calculated for extension of time . (Section 12) In computing the period of limitation for any suit or application, the time during which the plaintiff has been prosecuting with due diligence another civil proceedings, whether in a court of first instance or of appeal or revision, against the defendant shall be excluded, where the proceeding relates to the same matter in issue and is prosecuted in good faith in a court which, from defect of jurisdiction or other cause of a like nature, is unable to entertain it. For example on account of mistake, a suit or application has been filed in a court, which though does not have jurisdiction, has bonafide entertained it? Thereafter when the mistake is discovered, the plaint or application is returned to the plaintiff or applicant as the case may be, to be filed in the appropriate court. If a complaint is filed in the Consumer Forum for a dispute regarding commercial transaction, and when the Forum rules that the matter should be tried by a Civil Court, the time spent in the consumer forum shall be excluded while computing the period of limitation. (Section 14) In computing the period of limitation of any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded. In computing the period of limitation for any suit of which notice has been give or for which the previous consent or sanction of the Government or any other authority is required, in accordance with the requirements of any law for the time


7 being in force the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded. For example, for filing a suit against Government two months prior notice is a must as contained in section 80 of the CPC. While calculating the time of limitation this period of two months shall be excluded, provided the notice is issued before the expiry of the original time of limitation. In excluding the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was mad for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be counted. (Section 15) 4. Effect of acknowledgement in writing:

Where, before the expiration of the prescribed period for a suit or application in respect of any property or right, an acknowledgement of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by any person through whom he drives his title or liability, a fresh period of limitation shall be computed from the time when the acknowledgement was so signed. Where the writing containing the acknowledgement is undated, oral evidence may be given of the time when it was signed; but subject to the provisions of the Indian Evidence Act, 1872 (1 of 1872), oral evidence of its contents shall not be received. For st st example a loan taken on 1 January, 2004, becomes time barred on 1 January 2007. However if the debtor, executes an acknowledgement in writing and signs on st th it before 1 January, 2007, say on 24 of December, 2006, the period of limitation th shall be renewed up to 24 December, 2009. But if the acknowledgement is made st after 1 January 2007, it shall have no effect of enhancing the limitation. (Section 18)

5. Effect of payment on account of debt or of interest on legacy:

Where payment on account of debt or of interest on a legacy is made before the expiration of the prescribed period, by the person liable to pay the debt or legacy or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made. For example, in the illustration given in th point no.4, instead of acknowledgment, payment is made on 24 December, 2006, th still the limitation will be increased upto 24 December, 2009. However, to attract this provision the payment should be acknowledged in the hand writing or signature of the person making it. In other words, payment without written acknowledgment shall not be sufficient to increase the limitation period. (Section 19) 5. Special Law prevails over the General Law


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If some special statute provides a special limitation it shall prevail over the law of limitation.

PERIODS OF LIMITATION FOR SELECTED MATTERS PART 1- SUITS

S.No

Description of Suit

Period of limitation

Time from which period begins to run

3

By a principal against his agent for movable property received by the latter and not accounted for.

Three years

4

Others suits by principals against agent for neglect or misconduct.

Three years

When the account is, during the continuance of the agency, demanded and refused or, where no such demand is made, when the agency terminates. When the neglect or misconduct becomes known to the plaintiff.

5

For an account and a share of the profits of a dissolved partnership.

Three years

The date of the dissolution.

7

For wages in the case of any other person.

Three years

When the wages accrue due.

8

For the price of food or drinks sold by the keeper of a hotel tavern or lodging house Against a carrier for compensation for losing or injuring goods.

Three years

When the food or drink is delivered.

Three years

When the loss or injury occurs.

11

Against a carrier for compensation for non-delivery of, or delay in delivering, goods.

Three years

When the goods ought to be delivered.

18

For the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment.

Three years

When the work is done

19

For money payable for money lent.

Three years

When the loan is made

20

Like suit when the lender has given a

Three years

When the cheque is paid.

10


9 cheque for the money. 21

For money lent under an agreement that it shall be payable on demand.

Three years

When the loan is made

27

For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency.

Three years

31

On a bill of exchange or promissory note payable at a fixed time after date.

Three years

When he bill or note falls due.

36

On a promissory note or bond payable by instalments.

Three years

The expiration of the first term of payment as to the part then payment as to the part then payable; and for the other parts, the expiration of the respective terms of payment.

42

Three years

When the surety pays the creditor.

43

By a surety against the principal debtor. By a surety against a co-surety

Three years

When the surety pays anything in excess of his own share.

52

For arrears of rent.

Three years

When the profits are received.

53

By a vendor of immovable property for personal payment of unpaid purchase-money.

Three years

The time fixed for completing the sale, or (where the title is accepted after the time fixed for completion) The date of the acceptance.

54

For specific performance of a contract.

Three years

The date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is reused.

55

For compensation for the breach of any contract, express or implied not herein specially provided for;

Three years

When the contract is broken or (where there are successive breaches) when the suit is instituted occurs or (where the breach is continuing) when it ceases.

56

To declare the forgery of an instrument issued or registered.

Three years

When the issue or registration becomes known to the plaintiff.

When the time specified arrives or the contingency happens.


10

57

To obtain a declaration that an alleged adoption is invalid is invalid, or never, in fact, took place.

Three years

When the alleged adoption becomes known to the plaintiff.

58

To obtain any other declaration.

Three years

When the right to sue first accrues.

59

To cancel or set aside an instrument or decree or for the rescission of a contract.

Three years

When the facts entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded first become known to him

61

By a mortgagee. – (a) To redeem or recover possession of immovable property mortgaged;

Thirty years

When the right to redeem or to recover possession accrues;

(b) To recover possession of immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration;

Twelve years

When the transfer becomes known to the plaintiff.

(c) To recover surplus collections received by the Mortgagee after the mortgage has been satisfied.

Three years

When the mortgagor re-enters on the mortgaged property.

62

To enforce payment of money secured by a mortgage or otherwise charged upon immovable property.

Twelve years

When the money sued for becomes due.

63

By mortgagee. – (a) For foreclosure

Thirty years

When the money secured by the mortgaged becomes due. When the mortgagee becomes entitled to possession.

64

(b) For possession of immovable property mortgaged.

Twelve years

For possession of immovable property bases on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed.

Twelve years

The date of dispossession.


11

65

For possession of immovable property or any interest therein bases on title.

Twelve years

66

For the possession of immovable property when the plaintiff has become entitled to plaintiff has become entitled to possession by reason of any forfeiture or breach of condition.

Twelve years

67

By a landlord to recover possession from a tenant.

Twelve years

When the tenancy is determined.

68

For specific movable property, lost or acquired by theft, or dishonest misappropriation or conversion.

Three years

When the person having the right to the possession of the property first learns in whose possession it is.

69

For other specific movable property.

Three years

When the property is wrongfully taken.

73

For compensation imprisonment.

false

One year

When the imprisonment ends.

74

For compensation for a malicious prosecution.

One year

When the plaintiff is acquitted or the 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.

80

For compensation for wrongful seizure of movable property under legal process. For compensation for obstructing a way or a watercourse. For compensation for trespass upon immovable property. For compensation for infringing copyright or any other exclusive privilege. For compensation for injury caused by an injunction wrongfully obtained .

One year

The dare of he seizure.

Three years

The date of the obstruction

Three years

The date of trespass.

Three years

The date of the infringement.

Three years

When the injunction ceases.

85 87 88

90

for

When the possession of the defendant becomes adverse to the plaintiff. When the forfeiture is incurred or the condition is broken.


12 91

97

For compensation. – (a) For wrongfully taking or detaining any specific movable property lost, or acquired by theft or dishonest misappropriation or conversion; To enforce a right of pre-emption whether the right is found on law in general usage or on special contract.

Three years

When the person having the right to the possession of the property first learns in whose possession it is.

One year

When the purchaser takes under the sale sought it be impeached, physical possession of the whole or part of the 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 . When the sale is confirmed or would otherwise have become final and conclusive had no such suit been brought .

99

To set aside a sale by a civil or One Year revenue court or a sale for arrears of Government revenue or for nay demand recoverable as such arrears.

100

To alter or ser aside any decision or order or a civil court in any proceeding other than a suit or any act or other or an officer of Government in his official capacity.

One year

The date of the final decision or order by the court or the date of the at or order of the officer as the case may be .

105

By a Hindu for arrears of maintenance.

Three years

When the arrears are payable.

107

For possession of a hereditary office. Twelve years 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.

When the defendant takes possession of the office adversely to the plaintiff.

109

By a Hindu governed by Mitakshara Twelve years . law to set aside his father’s alienation of ancestral property.

When the alience takes possession of he property.

110

By a person excluded from a joint family property to enforce a right to share therein.

Twelve years

When the exclusion becomes known to the plaintiff.

111

By or on behalf of any local authority

Thirty years

The date of the dispossession or


13 for possession of any public street or any part thereof from which it has been dispossessed or of which it has discontinued the possession.

discontinuance.

112

Any suit (except a suit before the Thirty years Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government or any State Government, including the Government of the State Jammu and Kashmir.

When the period of limitation would begin to run this Act against a like suit by a private person.

113

Any suit for which no period of Three years limitation is provided elsewhere in this Schedule.

When the right to sue accrues.

PART – II APPEALS

114 Appeal from an order of acquittal. – (a) (a) Under sub-section (1) or Ninety days sub section (2) of section 417 of the Code Of Civil Procedure, 1898 (5 of 1898). (b) (b) Under sub-section (3) of Thirty days Section 417 of that Code. 115

Under the Code of Civil Procedure, 1898 (5 of 1898). – (a) (a) From a sentence of death Thirty days passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction . (b) (b) From nay other sentence or Sixty days any order not being an order of acquittal. – (i) (i) To the High Court (ii) To any other Court

116 Under the code of Civil Procedure, 1908 (5 of 1908) . – (a) (a) To a High Court from any

Ninety days

The date of the order appealed from.

The date of the grant of special leave.

The date of the sentence

The date of the sentence of the order . The date of the sentence or order.

The date of the decree or order


14 decree or order , (b) (b) To any other court from any decree or order. (c) (c) 117 From a decree or order of any High Court to the same Court.

Thirty days

The date of the decree or order

Thirty days

The date of the decree of the order .

PART – III APPLICATIONS

119 Under the Arbitration Act, 1940 (10 of 1940 ), (a) (a) For the filing in court of an Thirty days award.

The date of service of the notice of the making of the award.

(b)For setting aside an award or getting an award remitted for reconsideration.

Thirty days

The date of the service of the notice of the filing of the award .

120 Under the Code of Civil Procedure, 1908 (5 of 1908), to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party.

Ninety days

The date of death of the plaintiff, appellant, defendant or respondent as the case may be .

121

Sixty days

The date of abatement.

122 To restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs.

Thirty days

The date of dismissal.

123 To set aside a decree passed ex parte or to re-hear an appeal decreed or heard ex parte.

Thirty days

The date of the decree or where the summons or notice was not duly served, when the applicant had knowledge of he decree..

Under the same Code for an order to ser aside and abatement.

Explanation. – For the purpose of this article , substituted service under rule 20 of Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not


15 be deemed to be due service . 124 For a review of judgement by a court other than the Supreme Court.

Thirty days

The date of the decree of the order

125

To record an adjustment by a court other than the Supreme Court.

Thirty days

When the payment or adjustment is made.

126

For the payment of the amount of a decree by instalments.

Thirty days

The date of the decree

Sixty days

The date of the sale.

Sixty days

The date of decree appealed from. The date of decree appealed from.

127 To set aside a sale in execution of a decree, including any such application by the judgement-debtor. 130 For leave to appeal as pauper. – (a) (a) To the High Court; (b) (b) To any other Court;

Thirty days

131 To any court for the exercise of its Ninety days powers of revisions under the Code of Civil Procedure, 1908 (5 of 1908), or the Code of Criminal Procedure, 1898 (5 of 1898).

The date of the decree or order or sentence sought to be revised.

132

The date of the decree, order or sentence.

To the High Court for a certificate of Sixty days fitness to appeal to the Supreme Court under clause (1) of article 132, article 133 or sub-clause (c) or clause (1) of article 134 of the Constitution or under any other law for the time being in force

133 To the Supreme Court for special leave to appeal. – (a)In a case involving death sentence;

Sixty days

The date of the judgement, final order or sentence.

(b)In a case where leave to appeal was refused by the high court;

Sixty days

The date of the order or refusal.

(c)In any other case;

Ninety days

The date of the judgement of the order .


16

134

For delivery of possession by a purchaser of immovable property at a sale in execution of a decree.

One year

When the absolute.

135 For the enforcement of a decree granting a mandatory injunction.

Three years

The date of the decree or where a date is fixed for performance, such date.

136 For the execution of any decree ( other than a decree granting a mandatory injunction ) an order of any civil court.

Twelve years

137

Three years

1[When] the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place; Provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation. When the right to apply accrues.

Any other application for which no period of limitation is provided elsewhere in this division.

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sale

becomes

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