Can you file a case after the limitation period?

– – Period of filing appeal and application can be extended if proper cause is shown (but not the suit) [section 5]. IF COURT IS CLOSED ON LAST DAY – If court is closed on last day of limitation, suit, appeal or application can be filed on next day when Court reopens.

What is limitation period for suit for immovable property?

Statutory limitation period for immovable property is 12 years.

What is legal disability under Limitation Act 1963?

Section 6 (3) of limitation act of 1963 empowers legal representatives to file a suit after the death of a person suffering from legal disability[46], this provision is supported by order 22 rule 3 (1) of the CPC that makes legal representatives of a deceased plaintiff party to a suit[47].

When a suit is deemed to be instituted?

—(1) Where 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 been instituted when he was so made a party\:” Provided that where the court is satisfied that the omission to include a new plaintiff or defendant was due to a mistake …

What is the limitation period for civil cases?

Typically, the period of limitation for instituting civil suits is three years from the date on which the cause of action arose. There are exceptions: the limitation for a suit to recover possession of immovable property is 12 years, and the limitation for a claim founded on tort is ordinarily one year.

What is Article 59 of Limitation Act?

Article 59 of the Limitation Act applies specially when a relief is claimed on the ground of fraud or mistake. It only encompasses within its fold fraudulent transactions which are voidable transactions.

Which type of disability is not covered by section 6 of the Limitation Act, 1963?

Insane, minors and idiots are exempted under Section 6 to file a suit or an application for the execution of the order in the time prescribed in the law.

How many sections are in the Limitation Act, 1963?

What is Article 65 of Limitation Act?

Article 65 to Schedule I of the Limitation Act, 1963 prescribes a timeline of 12 years, within which an aggrieved person may file a suit for recovery of possession of immovable property or any interest therein based on proprietary title (i.e. title bases on documents).

What is Article 58 of Limitation Act?

Article 58 of the Limitation Act provides for three years as the limitation period to initiate proceedings from the date of cause of action, whereas Article 65 of the Act prescribes for twelve years for a suit filed for possession of immovable property or any interest therein based on title.

What is Acknowledgement under Limitation Act?

‘Acknowledgement’ generally means acceptance or admission of something that exists. Section 18 of the Limitation Act, 19631 uses the term ‘acknowledgement’ to mean an admission of an existing liability in lieu of which the period of limitation is extended. That the acknowledgement of liability must be in writing.

What is effect of Acknowledgement in writing on limitation?

(1) Where, before the expiration of the period prescribed 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 some person through whom he …

How to describe the Limitation Act of 1963?

Short title, extent and commencement – 1 This Act may be called the Limitation Act,1963. 2 It extends to the whole of India except the State of Jammu and Kashmir. 3 It shall come into force on such date as the Central Government may be notification in the Official Gazette, appoint.

What is part II of the Limitation Act?

PART II LIMITATION OF SUITS, APPEALS AND APPLICATIONS 3. Bar of limitation (1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as a defence. (2) For the purposes of this Act-

What was the law of limitation in India?

The Act states acquisition of easement by prescription for the enjoyment of the use of land without interruption for twenty years. The Limitation Act, 1963 does not affect the provisions provided under The Indian Contract Act, 1872.

How many articles are in the Limitation Act?

The Limitation Act contains 32 Sections and 137 Articles. The articles have been divided into 10 parts.