Part X of the Schedule to the Limitation Act 1963
Part X of the Schedule is titled "Suits for which there is no prescribed period". It contains Article 113, which operates as the general or residuary provision for suits when the Schedule does not prescribe another specific limitation period for the relief claimed.
Article 113: Period of Limitation
| Description of suit | Period of limitation | Time from which period begins to run |
|---|---|---|
| Any suit for which no period of limitation is provided elsewhere in the Schedule. | Three years | When the right to sue accrues. |
What Does "Right to Sue Accrues" Mean?
The expression identifies the point at which the plaintiff has a complete and enforceable cause to approach the court for the relief claimed. The date depends on the facts, the legal right asserted, the alleged infringement and the nature of the relief. The Supreme Court has explained that a right to sue arises when the asserted right is infringed or there is a clear and unequivocal threat to infringe it.
Article 113 uses the words "when the right to sue accrues". This wording must be applied to the actual cause of action. A party should therefore identify the event that completed the cause of action rather than assume that every later communication, demand or refusal automatically starts a fresh three-year period.
When Does Article 113 Apply?
Article 113 is a residuary provision. It is considered only after examining whether another article in the Schedule specifically governs the suit. For example, the Schedule separately provides limitation periods for several categories of suits relating to accounts, contracts, declarations, immovable property, movable property, torts, trusts and miscellaneous matters. If a specific article applies to the relief and facts, that specific provision ordinarily governs instead of Article 113.
Section 3 and the Effect of Limitation
Section 3 of the Limitation Act, 1963 requires every suit instituted after the prescribed period to be dismissed, subject to the provisions contained in Sections 4 to 24, even if limitation has not been raised as a defence. For a suit governed by Article 113, the court must therefore determine the date on which the right to sue accrued and calculate the prescribed three-year period in accordance with the Act.
Sections 4 to 24 May Affect Computation
The three-year period stated in Article 113 should not always be calculated mechanically. Depending on the facts, other provisions of the Limitation Act may affect computation. These include rules concerning expiry when the court is closed, exclusion of time in specified proceedings, legal disability, acknowledgment in writing, payment on account of debt or interest, fraud or mistake, and other statutory exclusions or extensions expressly provided by the Act.
Article 113 and Other Articles
Article 113 should not be used merely because it provides a three-year period. The first question is whether the suit falls within a more specific article. For instance, Article 58 deals with suits to obtain any other declaration and uses the expression "when the right to sue first accrues". Article 113, by contrast, applies where no limitation period is provided elsewhere in the Schedule and states "when the right to sue accrues". The wording and the relief claimed can therefore be important when identifying the correct article.
Official Legal Resources
Legal position reviewed for this page: 3 October 2026. Readers should verify the current statutory text and any case-specific limitation issue before acting.