Lim 2 — Definitions

Limitation Act, 1963

Statutory text

In this Act, unless the context otherwise requires,—
(a) “applicant” includes—
(i) a petitioner;
(ii) any person from or through whom an applicant derives his right to apply;
(iii)  any  person  whose  estate  is  represented  by  the applicant  as  executor,  administrator  or
other representative;
(b) “application” includes a petition;
(c) “bill of exchange” includes a hundi and a cheque;
(d) “bond” includes  any  instrument  whereby  a  person  obliges  himself to  pay  money  to  another,
on condition that the obligation shall be  void if a  specified act is performed,  or is  not performed,  as
the case may be;
(e) “defendant” includes—
(i) any person from or through whom a defendant derives his liability to be sued;
(ii)  any  person  whose  estate  is represented  by  the  defendant  as  executor,  administrator  or
other representative;
(f) “easement” includes  a  right  not  arising  from  contract,  by  which  one  person  is  entitled  to
remove  and  appropriate  for  his  own  profit  any  part  of  the  soil  belonging  to  another  or  anything
growing in, or attached to, or subsisting upon, the land of another;
(g) “foreign country” means any country other than India;
(h) “good faith”—nothing shall be deemed  to be  done  in good faith which is  not done  with due
care and attention;
(i) “plaintiff” includes—
(i) any person from or through whom a plaintiff derives his right to sue;
(ii) any person whose estate is represented by the plaintiff as executor, administrator or other
representative;

(j) “period  of  limitation” means  the  period  of  limitation  prescribed  for  any  suit,  appeal  or
application  by  the  Schedule,  and “prescribed period” means  the  period  of  limitation  computed  in
accordance with the provisions of this Act;
(k) “promissory  note” means  any  instrument  whereby  the  maker  engages  absolutely  to  pay  a
specified sum of money to another at a time therein limited, or on demand, or at sight;
(l) “suit” does not include an appeal or an application;
(m) “tort" means a civil wrong which is not exclusively the breach of a contract or the breach of a
trust;
(n) “trustee” does  not  include  a benamidar,  a  mortgagee  remaining  in  possession  after  the mortgage has been satisfied or a person in wrongful possession without title.

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