Limitation Period for Suits Relating to Declarations under the Limitation Act, 1963
Part III of the Schedule to the Limitation Act, 1963 deals with suits relating to declarations. Articles 56, 57 and 58 prescribe a limitation period of three years, but the event from which limitation begins differs for each type of declaration.
Key point: Identifying the correct Article and the date on which limitation begins is essential. A declaratory suit should be examined on its actual relief and the facts giving rise to the right to sue.
Articles 56 to 58: Suits Relating to Declarations
| Article | Description of suit | Limitation period | Time from which period begins to run |
|---|---|---|---|
| 56 | To declare the forgery of an instrument issued or registered. | Three years | When the issue or registration becomes known to the plaintiff. |
| 57 | To obtain a declaration that an alleged adoption 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. |
Article 56: Declaration of Forgery of an Instrument
Article 56 applies to a suit seeking a declaration that an instrument which has been issued or registered is forged. The prescribed limitation is three years. Time begins when the plaintiff comes to know of the issue or registration of the instrument.
Article 57: Declaration Concerning an Alleged Adoption
Article 57 covers a suit for a declaration that an alleged adoption is invalid or that the adoption never in fact took place. The limitation period is three years from the date when the alleged adoption becomes known to the plaintiff.
Article 58: Any Other Declaration
Article 58 is the residuary Article within Part III for a suit seeking a declaration not specifically covered by Articles 56 or 57. The limitation period is three years from the date when the right to sue first accrues.
The expression "right to sue first accrues" makes the first accrual of the cause for seeking declaratory relief material for limitation. The applicable starting point must therefore be determined from the pleaded facts and the nature of the declaration sought.
Relationship with the Limitation Act, 1963
The Limitation Act, 1963 prescribes periods within which specified suits, appeals and applications must be instituted. For declaratory suits covered by Part III of the Schedule, the relevant Article determines both the period and the event from which that period begins to run. Other provisions of the Act may also affect computation in appropriate cases.
This page is a general legal reference. Limitation can depend on the precise relief, pleadings, knowledge, accrual of the cause of action and any applicable statutory exclusion or extension.