Part IX of the Limitation Act 1963: Limitation for Suits Relating to Miscellaneous Matters
Part IX of the First Division of the Schedule to the Limitation Act, 1963 contains Articles 97 to 112. These articles prescribe limitation periods for specified miscellaneous suits and identify the event from which the prescribed period begins to run.
Under section 2(j) of the Limitation Act, 1963, the "period of limitation" means the period prescribed for a suit, appeal or application by the Schedule, while "prescribed period" means the period computed in accordance with the provisions of the Act. Section 3 requires a suit, appeal or application instituted after the prescribed period to be dismissed, subject to sections 4 to 24.
Articles 97 to 112: limitation periods
| Article and description of suit | Period of limitation | Time from which period begins to run |
|---|---|---|
| Article 97. To enforce a right of pre-emption whether the right is founded on law or general usage or on special contract. | One year | When the purchaser takes under the sale sought to 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, when the instrument of sale is registered. |
| Article 98. By a person against whom an order referred to in rule 63 or rule 103 of Order XXI of the Code of Civil Procedure, 1908, or an order under section 28 of the Presidency Small Cause Courts Act, 1882, has been made, to establish the right claimed to the property comprised in the order. | One year | The date of the final order. |
| Article 99. To set aside a sale by a civil or revenue court, or a sale for arrears of Government revenue or for any demand recoverable as such arrears. | One year | When the sale is confirmed or would otherwise have become final and conclusive had no such suit been brought. |
| Article 100. To alter or set aside any decision or order of a civil court in any proceeding other than a suit, or any act or order of an officer of Government in the officer's official capacity. | One year | The date of the final decision or order by the court, or the date of the act or order of the officer, as the case may be. |
| Article 101. Upon a judgment, including a foreign judgment, or a recognisance. | Three years | The date of the judgment or recognisance. |
| Article 102. For property which the plaintiff has conveyed while insane. | Three years | When the plaintiff is restored to sanity and has knowledge of the conveyance. |
| Article 103. To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. | Three years | The date of the trustee's death or, if the loss has not then resulted, the date of the loss. |
| Article 104. To establish a periodically recurring right. | Three years | When the plaintiff is first refused the enjoyment of the right. |
| Article 105. By a Hindu for arrears of maintenance. | Three years | When the arrears are payable. |
| Article 106. For a legacy, a share of a residue bequeathed by a testator, or a distributive share of the property of an intestate against an executor, administrator or other person legally charged with distributing the estate. | Twelve years | When the legacy or share becomes payable or deliverable. |
| Article 107. For possession of a hereditary office. Explanation: A hereditary office is possessed when its properties are usually received or, if there are no properties, when its duties are usually performed. | Twelve years | When the defendant takes possession of the office adversely to the plaintiff. |
| Article 108. Suit during the life of a Hindu or Muslim female by a Hindu or Muslim who, if the female died at the date of instituting the suit, would be entitled to possession of land, to have an alienation of such land made by the female declared void except for her life or until her remarriage. | Twelve years | The date of the alienation. |
| Article 109. By a Hindu governed by Mitakshara law to set aside the father's alienation of ancestral property. | Twelve years | When the alienee takes possession of the property. |
| Article 110. By a person excluded from joint family property to enforce a right to share therein. | Twelve years | When the exclusion becomes known to the plaintiff. |
| Article 111. By or on behalf of any local authority for possession of any public street or road, or any part thereof, from which it has been dispossessed or of which it has discontinued possession. | Thirty years | The date of the dispossession or discontinuance. |
| Article 112. Any suit, except a suit before the Supreme Court in exercise of its original jurisdiction, by or on behalf of the Central Government or any State Government, including the Government of the State of Jammu and Kashmir. | Thirty years | When the period of limitation would begin to run under the Act against a like suit by a private person. |
How Part IX works
The Schedule does more than state a number of years. Each article also specifies the event that starts the limitation clock. For example, Article 97 links the commencement of limitation to possession under the sale or registration of the sale instrument, while Articles 99 and 100 use the finality or date of the relevant sale, decision, act or order.
Articles 101 to 105 generally prescribe three years for the specified claims. Articles 106 to 110 prescribe twelve years for the specified estate, hereditary office and family-property claims. Articles 111 and 112 prescribe thirty years for the specified suits by local authorities and Governments.
Official legal source
The authoritative text should be checked on the Government of India's India Code portal, particularly where amendments, State amendments or the interaction of another statute may affect a particular case.
This page provides general legal information and is not a substitute for advice on the facts of a particular matter.