Limitation Period

lim-it-AY-shun PEER-ee-ud Latin 'limitare' meaning 'to bound' or 'to restrict'; combined with 'period' denoting a specific duration of time

Definition

The statutory time limit within which a legal action must be initiated, after which the right to sue becomes barred though the underlying right may not be extinguished.

Detailed Explanation

Limitation period refers to the prescribed time within which a suit, appeal, or application must be filed. In India, the law of limitation is governed by the Limitation Act, 1963, which provides different periods for different types of claims. The fundamental principle is that law aids the vigilant, not those who sleep over their rights (vigilantibus non dormientibus jura subveniunt).

The Schedule to the Limitation Act provides 137 articles prescribing limitation periods. Key periods include: suits for possession of immovable property (12 years, Article 65); suits based on contract (3 years, Article 55); suits for compensation for torts (1 year, Articles 72-75); suits on promissory notes (3 years, Article 19); and execution of decrees (12 years, Article 136).

Section 3 bars courts from entertaining time-barred suits even if limitation is not pleaded as a defense. Section 5 allows courts to condone delay in appeals and applications (not suits) if sufficient cause is shown. Section 9 provides that limitation runs from when the right to sue accrues. Sections 12-24 provide for exclusion of time in computing limitation in specified circumstances.

Essential Elements

1 The cause of action must have accrued
2 The prescribed period under the Schedule must be identified
3 Time begins from when right to sue arises under Section 9
4 Exclusions under Sections 12-24 must be considered
5 The suit/appeal must be filed within the prescribed period
6 Condonation under Section 5 applies only to appeals/applications, not suits

Leading Cases

State of Punjab v. Davinder Pal Singh Bhullar

2011

(2011) 14 SCC 770

Relevance: Explained principles for condonation of delay under Section 5

Popat and Kotecha Property v. State Bank of India Staff Association

2005

(2005) 7 SCC 510

Relevance: Held that courts have no power to condone delay in filing suits

N. Balakrishnan v. M. Krishnamurthy

1998

(1998) 7 SCC 123

Relevance: Discussed when sufficient cause exists for condoning delay

Rajender Singh v. Santa Singh

1973

(1973) 2 SCC 705

Relevance: Explained computation of limitation period and exclusion of time

Usage Example

"The suit for recovery of money lent was dismissed as barred by limitation, having been filed more than three years after the cause of action accrued."

Synonyms

statute of limitations time bar prescription period

Related Terms

Adverse Possession Res Judicata

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