Lim 31 — Provisions as to barred or pending suits, etc

Limitation Act, 1963

Statutory text

Nothing in this Act shall,—
(a) enable any suit, appeal or application to be instituted, preferred or made, for which the period
of  limitation  prescribed  by  the  Indian  Limitation  Act,  1908  (9  of  1908),  expired  before  the
commencement of this Act; or
(b) affect any suit, appeal or application instituted, preferred or made before, and pending at, such commencement.
32. [Repeal.]—Rep. by Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule
(w.e.f. 20-12-1974).

THE SCHEDULE
(PERIODS OF LIMITATION)
[See sections 2(j) and 3]
FIRST DIVISION—SUITS

Description of suit Period of limitation Time from which period begins to run PART I.—SUITS RELATING TO ACCOUNTS
1.
For  the  balance  due  on  a  mutual,
open  and  current  account,  where
there have been reciprocal demands between the parties.
Three years.
The  close  of  the  year  in  which  the  last
item  admitted  or  proved  is  entered  in
the account; such  year to be computed as in the account.
2. Against a factor for an account. Three years.
When    the    account is,    during    the
continuance  of  the  agency,  demanded
and refused or, where no such demand is made, when the agency terminates.
3.
By  a  principal  against  his  agent  for
movable  property  received  by  the latter and not accounted for.
Three years.
When    the account    is,    during    the
continuance  of  the  agency,  demanded
and refused or, where no such demand is made, when the agency terminates.
4.
Other   suits   by   principals   against agents for neglect or misconduct.
Three years.
When the neglect or misconduct becomes known to the plaintiff.
5.
For  an  account  and  a  share  of  the profits of a dissolved partnership.
Three years. The date of the dissolution.

Back to Lim