Limitation Period for Suits Relating to Movable Property - Part VI of Limitation Act 1963

Part VI of the Schedule to the Limitation Act, 1963 deals with suits relating to movable property. It contains Articles 68, 69 and 70. Each article prescribes a limitation period of three years, but the point from which that period begins depends on the nature of the claim.

Meaning of limitation period: A limitation period is the statutory time within which a suit or other proceeding must ordinarily be instituted. Section 3 of the Limitation Act requires a suit, appeal or application filed after the prescribed period to be dismissed, subject to the provisions contained in sections 4 to 24 of the Act.

Part VI - Suits Relating to Movable Property

The following table sets out Articles 68 to 70 of the Schedule. The description of each suit, the prescribed period and the starting point are important because the three-year period does not begin on the same event in every case.

Article	Description of suit	Limitation period	Time from which period begins to run
68	For specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion.	Three years	When the person having the right to 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.
70	To recover movable property deposited or pawned from a depositary or pawnee.	Three years	The date of refusal after demand.

Article 68 - Lost, Stolen, Misappropriated or Converted Movable Property

Article 68 applies where a suit seeks recovery of specific movable property that has been lost or acquired by theft, dishonest misappropriation or conversion. The prescribed period is three years. The period begins when the person entitled to possession first learns in whose possession the property is.

Article 69 - Other Specific Movable Property

Article 69 covers suits for other specific movable property. The limitation period is three years and begins when the property is wrongfully taken.

Article 70 - Property Deposited or Pawned

Article 70 concerns recovery of movable property deposited with a depositary or pawned with a pawnee. The limitation period is three years, beginning on the date of refusal after a demand for return is made.

How Part VI should be read

The Schedule specifies the period and commencement point for each category of suit. These provisions should be read with the general rules in the Limitation Act, including provisions dealing with expiry when the court is closed, legal disability, computation and exclusion of time, fraud or mistake, acknowledgment and other applicable statutory rules.

Statutory reference: Part VI, Articles 68-70, Schedule to the Limitation Act, 1963 (Act 36 of 1963).