Limitation period for Applications

 PART I-APPLICATIONS IN SPECIFIED CASES

118.

Description of Suit :For leave to appear and defend a suit under summary procedure.

Limitation Period :Ten days.

 

Time from which period begins to run : When the summons is served.

 

119. Under the Arbitration Act, 1940 (10 of 1940),—

119-A

Description of Suit :for the filing in court of an award;

Limitation Period :Thirty days.

 

Time from which period begins to run : The date of service of the notice of the making of the award;

 

119-B

Description of Suit :for setting aside an award or getting an award remitted for reconsideration.

Limitation Period :Thirty days.

 

Time from which period begins to run : The date of service of the notice of the filing of the award.

 

120.

Description of Suit :Under the Code of Civil Procedure, 1908 (5 of 1908), to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party.

Limitation Period :Ninety days.

 

Time from which period begins to run : The date of death of the plaintiff, appellant, defendant or respondent, as the case may be.

 

121

Description of Suit :Under the same Code for an order to set aside an abatement..

Limitation Period :Sixty days.

 

Time from which period begins to run : The date of abatement.

 

122.

Description of Suit :To restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs.

Limitation Period :Thirty days.

 

Time from which period begins to run : The date of dismissal.

 

123.

Description of Suit :To set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte. Explanation.—For the purpose of this article, substituted service under rule 20 of Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not be deemed to be due service.

Limitation Period :Thirty days.

 

Time from which period begins to run : The date of the decree or where the summons or notice was not duly served, when the applicant had knowledge of the decree

 

124.

Description of Suit :For a review of judgment by a court other than the Supreme Court..

Limitation Period :Thirty days..

 

Time from which period begins to run : The date of the decree or order.

 

125.

Description of Suit :To record an adjustment or satisfaction of a decree..

Limitation Period :Thirty days.

 

Time from which period begins to run : When the payment or adjustment is made.

 

126.

Description of Suit :For the payment of the amount of a decree by instalments.

Limitation Period :Thirty days.

 

Time from which period begins to run : The date of the decree.

 

127.

Description of Suit :To set aside a sale in execution of a decree, including any such application by a judgment-debtor.

Limitation Period :Sixty days.

 

Time from which period begins to run : The date of the sale.

 

128.

Description of Suit :For possession by one dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree.

Limitation Period :Thirty days.

 

Time from which period begins to run : The date of the dispossession.

 

129.

Description of Suit :For possession after removing resistance or obstruction to delivery of possession of immovable property decreed or sold in execution of a decree.

Limitation Period :Thirty days.

 

Time from which period begins to run : The date of resistance or obstruction.

 

130. For leave to appeal as a pauper—

130-A

Description of Suit : to the High Court;

Limitation Period :Sixty days.

 

Time from which period begins to run : The date of decree appealed from..

 

130-B

Description of Suit : to any other court.

Limitation Period :Thirty days.

 

Time from which period begins to run : The date of decree appealed from.

 

131

Description of Suit :To any court for the exercise of its powers of revision under the Code of Civil Procedure, 1908 (5 of 1908), or the Code of Criminal Procedure, 1898 (5 of 1898).

Limitation Period :Ninety days.

 

Time from which period begins to run : The date of the decree or order or sentence sought to be revised..

 

132.

Description of Suit :To the High Court for a certificate of fitness to appeal to the Supreme Court under clause (1) of article 132, article 133 or sub-clause (c) of clause (1) of article 134 of the Constitution or under any other law for the time being in force..

Limitation Period :Sixty days.

 

Time from which period begins to run : The date of the decree, order or sentence.

 

133.To the Supreme Court for special leave to appeal,—

133-A)

Description of Suit :in a case involving death sentence;

Limitation Period :Sixty days.

 

Time from which period begins to run : The date of the judgment final order or sentence..

 

133-B)

Description of Suit :in a case where leave to appeal was refused by the High Court;

Limitation Period :Sixty days.

 

Time from which period begins to run :The date of the order of refusal.

 

133-C)

Description of Suit :in any other case.

Limitation Period :Ninety days.

 

Time from which period begins to run : The date of the judgment or order.

 

134.

Description of Suit :For delivery of possession by a purchaser of immovable property at a sale in execution of a decree.

Limitation Period :One year.

 

Time from which period begins to run : When the sale becomes absolute.

 

135.

Description of Suit :For the enforcement of a decree granting a mandatory injunction.

Limitation Period :Three years.

 

Time from which period begins to run : The date of the decree or where a date is fixed for performance, such date.

 

136.

Description of Suit :For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court.

Limitation Period :Twelve years.

 

Time from which period begins to run : [When] the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place:
Provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation.

 

OTHER APPLICATIONS

 

137.

Description of Suit :Any other application for which no period of limitation is provided elsewhere in this Division.

 

Limitation Period :Three years.

 

Time from which period begins to run : When the right to apply accrues.