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The Limitation Act, 1963
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barred by "any length of time". The section takes within its fold Hindu, Muslim and Buddhist religions and charitable endow- ments as well—a provision which constitutes a first rate example of the legis- lature stepping in to correct an anomaly brought to light by judicial decisions. Section ll deals with a topic belonging to contlict of laws, namely, suits on contracts entered into outside the territories to which the Act extends. Such suits are governed by the lndian law of limitation, whatever be the locus of the cause of action. Elaborate provisions as to the computationof the period of limitation next follow. Thus, time taken in certain preliminaries that are requisite for pur- suing legal proceedings of special categories (appeals and certain applications) is the subject matter of section 12,--provision based on necessity. That sec- tion also enacts the general rule that the day from which the period of limita- tion for any suit, appeal or application is to be reckoned must be excluded in computing the period of limitation. Sections I3 and 14 provide for the cx- clusion of time actually taken in certain infructuous legal proceedings -e-in regard to the special case of an application

proceedings. Ot these, articles 1 to 113 relate the Act; to suits; articles 114 to 117 relate to appeals and articles 118 to 137 relate to E2°t£m°l°S applications. The general scheme adopted in the Schedule is that, in each Schedule. category, spccilic types of proceedings are covered by specilic articles dealing with a particular cause of action or head of relief. This is followed in each category by a rcsiduary articlc_ which is intended to take care of a suit, an appeal or an application (as the case may be), not covered by a spccilic article. The periods of limitation prescribed for various categories of suits, appeals and applications vary. 1.12. Coming more particularly to suits, it may be stated that the periods prescribed by the relevant articles vary from one year to thirty years; for all suits instituted by the Government, thc uniform period (under article 112) is thirty years, except a suit before the Supreme Court in the exercise of its origi- nal jurisdiction. In general, it can be stated that most suits for money or monetary claims (excepting claims in tort) enjoy a period of three years, and most suits relating to tort are governed by periods

prisonment or of the malicious prosecution, as the case may be. Then, under article 81, a suit by executors etc. under the Legal Representatives Suits Act, 1855 can be tiled within one year of the date of the death of the person wronged. Finally, in several cases. the knowledge of the plarntill as to the accrual of the cause of action is material for determining the starting point. Examples of such an approach are furnished by articles 4, 56, 57, 59, oltb), 68, 71. 84, 92 to 95 and 102. 1.14. ln regard to appeals. the period of limitation various from 30 days to 90 days, depending principally on the nature of the order appealed from and the forum to which the appeal is to be taken. There is no residuary article ‘ for appeals. 1.15. As regards applications. the prescribed periods vary from 10 days (article 118) to 12 years (article 136. which is the general article l`or an applica- tion for the execution of any decree or order of any civil court). The residuary article for applications tarticle 137) allows a period of 3 years. CHAl"l`ER 2 5l·ZCl“l()NS 1 \l\E) 2: l’I

fltltit i(’¢`] ptrrtotl whcrt (our! IN l'/(lift!') tj) "period of limitation" and "prcscribed"; tk) "promissory note"; tl) “suit"; (ni) "tort" and g tn) "trustee". · . We have no changes to recommend in the dehnitions. since they have not created any serious controversies that may necessitate a change in the law. Provisions by way of interpretation or explanation also occur in a few substan- tive provisions of the Act. Their relevance is primarily confined to those parti- cular provisions. and can he hest dealt with while considering those provisions. CHAPTER 3 SECTION 3: THE BAR OF I.IN'|ITATION 3.1. The o erative rovisions of the Limitation Act mai be said