Limitation Period for Suits Relating to Miscellaneous Matters

 Part IX of Schedule 1

97.

Description of Suit :To enforce a right of pre-emption whether the right is founded on law or general usage or on special contract.

Limitation Period :One year.

 

Time from which period begins to run : When the purchaser take under the sale sought to be impeached, physical possession of the whole or part of the property sold, or, where the subject matter of the sale does not admit of physical possession of the whole or part of the property, when the instrument of sale is registered.

 

98.

Description of Suit :By a person against whom 1[an order referred to in rule 63 or in rule 103] of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), or an order under section 28 of the Presidency Small Cause Courts Act, 1882 (15 of 1882), has been made, to establish the right which he claims to the property comprised in the order.

Limitation Period :One year.

 

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

 

99.

Description of Suit :To set aside a sale by a civil or revenue court or a sale for arrears of Government revenue or for any demand recoverable as such arrears.

Limitation Period :One year.

 

Time from which period begins to run : When the sale is confirmed or would otherwise have become final and conclusive had no such suit been brought..

 

100.

Description of Suit :To alter or set aside any decision or order of a civil court in any proceeding other than a suit or any act or order of an officer of Government in his official capacity.

Limitation Period :One year.

 

Time from which period begins to run : The date of the final decision or order by the court or the date of the act or order of the officer, as the case may be..

 

101.

Description of Suit :Upon a judgment, including a foreign judgment, or a recognisance.

Limitation Period :Three years.

 

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

 

102.

Description of Suit :For property which the plaintiff has conveyed while insane.

Limitation Period :Three years.

 

Time from which period begins to run : When the plaintiff is restored to sanity and has knowledge of the conveyance.

 

103.

Description of Suit :To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust..

Limitation Period :Three years.

 

Time from which period begins to run : The date of the trustee's death or if the loss has not then resulted, the date of the loss..

 

104.

Description of Suit :To establish a periodically recurring right.

Limitation Period :Three years.

 

Time from which period begins to run : When the plaintiff is first refused the enjoyment of the right.

 

105

Description of Suit :By a Hindu for arrears of maintenance..

Limitation Period :Three years.

 

Time from which period begins to run : When the arrears are payable.

 

106

Description of Suit :For a legacy or for a share of a residur bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or some other person legally charged with the duty of distributing the estate.

Limitation Period :Twelve years.

 

Time from which period begins to run :When the legacy or share becomes payable or deliverable.

 

107.

Description of Suit :For possession of a hereditary office. Explanation.—A hereditary office is possessed when the properties thereof are usually received, or (if there are no properties) when the duties thereof are usually performed.

Limitation Period :Twelve years.

 

Time from which period begins to run : When the defendant takes possession of the office adversely to the plaintiff.

108.

Description of Suit :Suit during the life of a Hindu or Muslim female by a Hindu or Muslim who, if the female died at the date of instituting the suit, would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void except for her life or until her re-marriage.

Limitation Period :Twelve years.

 

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

 

109.

Description of Suit :By a Hindu governed by Mitakshara law to set aside his father‟s alienation of ancestral property.

Limitation Period :Twelve years.

 

Time from which period begins to run : When the alienee takes possession of the property..

 

110.

Description of Suit :By a person excluded from a joint family property to enforce a right to share therein.

Limitation Period :Twelve years.

 

Time from which period begins to run : When the exclusion becomes known to the plaintiff.

 

111

Description of Suit :By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession.

Limitation Period :Thirty years.

 

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

 

112.

Description of Suit :Any suit (except a suit before the Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government or any State Government, including the Government of the State of Jammu and Kashmir.

 

Limitation Period :Thirty years.

 

Time from which period begins to run : When the period of limitation would begin to run under this Act against a like suit by a private person.