What is Limitation Act – Time Bar, Limitation Periods, and How to Save a Barred Claim

The Limitation Act, 1963 is one of the most important — and most unforgiving — laws in the Indian legal system. It sets strict time limits within which you must file your case. If you miss the deadline, your right to sue is extinguished — forever. This principle is captured in the maxim vigilantibus non dormientibus jura subveniunt (the law assists the vigilant, not those who sleep on their rights). Understanding limitation periods is essential for anyone with a potential legal claim.

What is the Law of Limitation?

The Limitation Act, 1963 prescribes time limits for filing suits, appeals, and applications in Indian courts. Once the prescribed period expires, the claim becomes time-barred — the court will dismiss it regardless of its merits. The Act contains a Schedule divided into three divisions: Suits (Articles 1–113), Appeals (Articles 114–117), and Applications (Articles 118–137). Each article specifies a limitation period and the date from which the period begins to run.

The fundamental purpose is to ensure that litigation is brought promptly while evidence is fresh and witnesses are available. It also provides certainty — after a certain period, potential defendants can rest assured that old claims will not be resurrected.

Key Limitation Periods You Must Know

• Recovery of money (loan, debt): 3 years from the date the loan was repayable
• Breach of contract: 3 years from the date of breach
• Recovery of immovable property: 12 years from the date of dispossession
• Specific performance of contract: 3 years from the date fixed for performance
• Money suit on a promissory note/bond: 3 years from the date of the instrument
• Tort claims (negligence, defamation): 1 year from the date of the tort
• Execution of decree: 12 years from the date of the decree
• Appeal to High Court (civil): 90 days from the date of the decree/order
• Appeal to High Court (criminal): 60 days from the date of judgment
• Revision petition: 90 days from the date of the order

How to Compute the Limitation Period

Under Sections 12–15 of the Act: the day from which the period is reckoned is excluded, the day on which the court is closed (if it is the last day) is excluded — you can file on the next working day, the time taken to obtain certified copies of the judgment/order is excluded when computing the limitation for an appeal, and if the plaintiff is a minor, insane, or an idiot at the time the cause of action arises, limitation begins when the disability ceases (Section 6).

Condonation of Delay – When You Can File After the Deadline

If you have missed the limitation period, you can file an application for condonation of delay under Section 5 of the Limitation Act. The applicant must show sufficient cause for the delay — illness, hospitalization, death in the family, mistaken legal advice, pendency of the matter in the wrong forum, or other genuine circumstances beyond the applicant's control. Importantly: Section 5 applies only to appeals and applications — it does NOT apply to original suits. If you miss the limitation period for filing a suit, your only recourse is to show that the limitation period has been extended by acknowledgment, part payment, or fraud.

How Limitation Can Be Extended – Acknowledgment and Part Payment

Acknowledgment (Section 18): If the debtor acknowledges the debt in writing (signed by them or their agent) before the limitation period expires, a fresh limitation period begins from the date of acknowledgment. An email, letter, balance confirmation, or even a WhatsApp message acknowledging the debt can serve as acknowledgment.

Part Payment (Section 19): If the debtor makes a part payment toward the debt before the limitation period expires, a fresh period begins from the date of payment. The payment must be proved by the debtor's handwriting or signed acknowledgment. An unrecorded cash payment is difficult to prove.

Worried that your claim may be time-barred in Kolkata? Contact Advocate Panchanand Shaw at 14 Hare Street, Kolkata — 700001. Call +91 90070 00603 for an urgent limitation assessment.