In Indian law, the Limitation Act, 1963, governs the time frames within which legal actions must be initiated. Understanding the computation of these limitation periods is crucial for law students and legal practitioners to ensure timely enforcement of rights and remedies.

MEANING, DEFINITION & EXPLANATION

The term ‘limitation period’ refers to the time frame prescribed by law within which a legal action must be initiated. Section 2(j) of the Limitation Act, 1963, defines ‘period of limitation’ as the period prescribed for any suit, appeal, or application by the Schedule, and ‘prescribed period’ means the period of limitation computed as per the provisions of this Act.

HISTORICAL BACKGROUND / EVOLUTION

The concept of limitation in India has evolved over time. The first Limitation Act was enacted in 1859, followed by subsequent Acts in 1871, 1877, and 1908. The current Limitation Act of 1963 was enacted to consolidate and amend the law relating to the limitation of suits and other proceedings.

LEGAL PROVISIONS / PROCEDURE / SPECIFICATIONS / CRITERIA

The Limitation Act, 1963, outlines specific periods for various legal actions:

• Suits Relating to Accounts: Articles 1 to 5 prescribe periods ranging from 3 to 6 years.
• Suits Relating to Contracts: Articles 6 to 55 generally prescribe a 3-year limitation period.
• Suits Relating to Declarations: Articles 56 to 58 prescribe a 3-year period.
• Suits Relating to Immovable Property: Articles 64 to 113 prescribe periods ranging from 12 to 30 years.

The Act also provides guidelines for computing these periods:

• Section 12: Excludes the day from which the period is to be reckoned.
• Section 14: Excludes time spent in bona fide proceedings in a court without jurisdiction.
• Section 15: Excludes time during which the defendant was absent from India or certain territories.

CASE LAWS / PRECEDENTS

• Haru Das Gupta v. State of West Bengal, (1972) 1 SCC 639: The Supreme Court held that in computing the period of limitation, the day on which the cause of action arises is to be excluded.
• Saketh India Ltd. v. India Securities Ltd., (1999) 3 SCC 1: The Court emphasized that the limitation period begins on the day following the accrual of the cause of action.

DOCTRINES / THEORIES

• Doctrine of Limitation: This doctrine is based on the maxim “Interest reipublicae ut sit finis litium,” meaning it is in the public interest that there should be an end to litigation.
• Doctrine of Laches: This principle implies that equity aids the vigilant, not those who slumber on their rights. It prevents claimants from asserting a claim after an unreasonable delay.

MAXIMS / PRINCIPLES

• “Interest reipublicae ut sit finis litium”: It is in the public interest that there should be an end to litigation.
• “Vigilantibus non dormientibus jura subveniunt”: The law assists those who are vigilant with their rights, not those who sleep thereupon.

EXCLUSIONS IN COMPUTATION

Certain periods are excluded when computing the limitation period:

• Time Requisite for Obtaining Copies: Section 12(2) excludes the time required to obtain a copy of the decree or order appealed from.
• Proceedings in a Court Without Jurisdiction: Section 14 excludes the time spent in prosecuting with due diligence another civil proceeding in a court that lacks jurisdiction.
• Stay or Injunction Periods: Section 15 excludes the duration during which the plaintiff was prevented from instituting the suit due to an injunction or order.

CONTINUOUS RUNNING OF TIME

Section 9 of the Act states that once the time has begun to run, no subsequent disability or inability to institute a suit or make an application stops it. This means that the limitation period continues unabated once it starts.

EXTENSION OF PRESCRIBED PERIOD IN CERTAIN CASES

Section 5 of the Act allows for the extension of the prescribed period for appeals or applications (excluding applications under Order XXI of the CPC) if the appellant or applicant can demonstrate sufficient cause for the delay.

EFFECT OF DEATH ON OR BEFORE THE ACCRUAL OF THE RIGHT TO SUE

Section 16 addresses situations where a person entitled to institute a suit or make an application dies before the right accrues. In such cases, the limitation period begins when there is a legal representative capable of instituting the suit or making the application.

SPECIAL EXCEPTIONS

Sections 6 to 8 provide for the extension of the limitation period in cases of legal disability, such as minority, insanity, or idiocy. The limitation period begins after the disability ceases.

PRACTICAL APPLICATION

Understanding the computation of limitation periods is essential for legal practitioners to ensure that suits, appeals, and applications are filed within the prescribed periods.