Commentary on Limitation Act (Act No. 36 of 1963)

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Description
Law of Limitation propounds repose, peace and justice and ultimately helps in the speedy deliverance of justice so that parties do not linger with cases for years. It raises the presumption that a right which is not exercised for a long time becomes non-existent. In English law as well as Indian Law the statutes of Limitation only takes away the remedy by legal action. The Limitation Act, 1963 is consolidating and amending statute relating to the limitation of suits, appeals and certain types of the applications to the Courts and must therefore regarding as an exhaustive Code. The statute of limitation being a law of procedure, is retrospective in operation. The Law of Limitation is part of Lex Fori because remedies on contracts are to be regulated and pursued according to the law of place where the action is instituted and not by the law of place of the contract. The Act of 1963, with regard to personal actions, bars the remedy without extinguishing the rights. In all personal actions, the right subsists although the remedy is no longer available. A defence can be raised even though a remedy is barred. A statue of limitation bars a remedy and not a right. The Law of Limitation only bars action and not defence, that too, in a reasonable way. The main purpose of Act of 1963 is to give a certain period of time to an aggrieved party to bring an action to claim remedy, before such action ceases to exist.
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Contents
Introductory
Part I - Preliminary
Chapter 01 : Short title, extent and commencement
Chapter 02 : Definitions
Part II - limitation of Suits, Appeals and Applications
Chapter 03 : Bar of Limitation
Chapter 04 : Expiry of Prescribed period when court is closed
Chapter 05 : Extension of prescribed period in certain cases
Chapter 06 : Legal disability
Chapter 07 : Disability of one of several persons
Chapter 08 : Special exceptions
Chapter 09 : Continuous running of time
Chapter 10 : Suits against trustees and their representative
Chapter 11 : Suits on contracts entered into outside the territories to which the Act extends
Part III - Computation of Period of Limitation
Chapter 12 : Exclusion of time in legal proceedings
Chapter 13 : Exclusion of time in cases where leave to sue or appeal as a pauper is applied for
Chapter 14 : Exclusion of time proceeding bona fide in court without in jurisdiction
Chapter 15 : Exclusion of time in certain other cases
Chapter 16 : Effect on death on or before the accrual of the right to sue
Chapter 17 : Effect of fraud or mistake
Chapter 18 : Effect of acknowledgement of writing
Chapter 19 : Effect of payment of accounts of debts or of interest on legacy
Chapter 20 : Effect of acknowledgement or payment by another person
Chapter 21 : Effect of substituting or adding new plaintiff or defendant
Chapter 22 : Continuing breaches and torts
Chapter 23 : Suits for compensation for acts not actionable without special damage
Chapter 24 : Computation of time mentioned in instruments
part IV - Acquisition of Ownership by Possession
Chapter 25 : Acquisition of easements by prescription
Chapter 26 : Exclusion in favour of reversioner of serviet tenement
Chapter 27 : Extinguishment of rights of property
Chapter 28 : New Amendment of Certain Acts
Chapter 29 : Savings
Chapter 30 : Provisions for suits etc. for which the prescribed period is shorter than the period
                       prescribed by the Indian Limitation Act, 1908
Chapter 31 : Provisions as to barred or pending suits, etc.
Chapter 32 : Repeal
Articles 1 to Article 137
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Author Details
Justice M.L. Singhal, Former judge, Allahabad & Gauhati High Court