Lim 30 — Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908

Limitation Act, 1963

Statutory text

Notwithstanding anything contained in this Act,—
(a) any suit for which the period of limitation is shorter than the period of limitation prescribed by
the Indian Limitation Act, 1908 (9 of 1908), may be instituted within a period of

[seven years] next
after  the  commencement  of  this  Act  or  within  the  period  prescribed  for  such  suit  by  the  Indian
Limitation Act, 1908 (9 of 1908), whichever period expires earlier:

[Provided  that if  in  respect of  any  such  suit,  the  said period  of  seven  years  expires earlier than
the period of limitation prescribed therefor under the Indian Limitation Act, 1908 (9 of 1908) and the
said  period  of  seven  years  together  with  so  much  of  the  period  of  limitation  in  respect  of  such  suit
under the Indian Limitation Act, 1908 (9 of 1908), as has already expired before the commencement
of  this  Act  is  shorter  than  the  period  prescribed  for  such  suit  under  this  Act,  then,  the  suit  may  be
instituted within the period of limitation prescribed therefor under this Act;]

(b)  any  appeal  or  application  for  which  the  period  of  limitation  is  shorter  than  the  period  of
limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), may be preferred or made within
a period of ninety days next after the commencement of this Act or within the period prescribed for such appeal or application by the Indian Limitation Act, 1908, whichever period expires earlier.
STATE AMENDMENT Jammu and Kashmir and Ladakh (UTs).—
Insertion of Section 30A .— After section 30, insert the following section, namely: —
“30A.  Provision  for  suits,  etc.,  for  which  the  prescribed  period  is  shorter  than  the  period prescribed  by  the  Limitation  Act,  samvat  1995.—Notwithstanding  anything contained  in this Act,—
(a) Any suit for which the period of limitation is shorter than the period of limitation prescribed
by the Limitation Act, Samvat 1995, may be instituted within a period of one year next after
the commencement of the Jammu and Kashmir Reorganisation Act, 2019 or within the period
prescribed  for  such  suit  by  the  Limitation  Act,  Samvat  1995,  whichever  period  expires
earlier:
Provided  that  if  in  respect  of  any  such  suit,  the  said  period  of  one  year  expires  earlier  than
period  of  limitation  prescribed  therefor  under  the  Limitation  Act,  Samvat  1995  (now
repealed) and the said period of one year together with so much of the period of limitation in
respect of such suit under the  said Act, as has  already expired before the commencement of
the Jammu  and  Kashmir  Reorganisation  Act,  2019  is  shorter  than  the  period  prescribed  for
such suit under the Limitation Act, 1963, then, the suit may be instituted within the period of
limitation prescribed therefor under the Limitation Act, 1963;
(b)  Any  appeal  or  application  for  which  the  period  of  limitation  is  shorter  than  the  period  of
limitation prescribed by the Limitation Act, Samvat 1995, may be preferred or made within a
period   of   ninety   days   next   after   the   commencement   of   the   Jammu   and   Kashmir
Reorganisation  Act,  2019  or  within  the  period  prescribed  for  such  appeal  or  application  by the Limitation Act, Samvat 1995, whichever period expires earlier.”
[Vide the  Jammu  and  Kashmir  Reorganization (Adaptation  of  Central  Laws) Order,   2020, vide notification  No. S.O. 1123(E)  dated  (18-3-2020) and Vide Union  Territory  of  Ladakh  Reorganisation
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]

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