Definition
The Schedule to the Limitation Act 1963 sets out the prescribed limitation period for each category of suit, appeal, and application. It is the operative heart of the Act: the general provisions (S.3-S.29) tell you how to compute the period; the Schedule tells you what that period is.
Why: Without the Schedule, the Act would be a set of computation rules with no substantive periods. The article number attached to a claim determines the starting point and the period and therefore the deadline.
Key Articles: Exam-Critical Memorisation
| Article | Subject | Period | Starting Point |
|---|---|---|---|
| Art. 54 | Specific performance of a contract | 3 years | Date fixed for performance or refusal |
| Art. 58 | Declaration (any suit) | 3 years | Date right to sue accrues |
| Art. 65 | Possession of immovable property on title | 12 years | Date of dispossession or adverse possession |
| Art. 113 | Suit for which no period is prescribed | 3 years | Date right to sue accrues |
| Art. 116 | Appeal to HC from decree or order | 90 days | Date of decree or order |
| Art. 117 | Appeal to District Court | 30 days | Date of decree or order |
| Art. 136 | Execution of a decree | 12 years | Date decree becomes enforceable |
| Art. 137 | Any other application | 3 years | Date right to apply accrues |
Section 27: Extinguishment of Right to Property
When the period of limitation for a suit for possession of property expires, the right of the person to whom the period applies also extinguishes. This is the prescription effect in the Limitation Act: unlike the general rule (limitation bars remedy only), S.27 extinguishes the underlying title.
Why: After 12 years of adverse possession without challenge, the law recognises the de facto situation and extinguishes the dormant title. Adverse possessor gains possessory title.
Section 28: Mortgages
At the determination of the period of limitation for a suit for foreclosure or redemption of a mortgage, the right of the mortgagee to enforce the mortgage or the right of the mortgagor to redeem extinguishes. The period under Art. 62 for foreclosure is 30 years; Art. 61 for redemption is also 30 years.
Recall Check
- What is the limitation period for a suit for specific performance (Art. 54) and from when does it run?
- A plaintiff was dispossessed of land in 2010 and files a suit for possession in 2024. Is the suit in time?
- What happens to the title to property when the limitation period under Art. 65 expires without a suit?
Key Cases
State of MP v. Bhailal Bhai (1964) State-of-MP-v-Bhailal-Bhai-1964 Issue: Whether the government enjoys a special or longer limitation period for possession suits. Rule: Art. 65 (12 years) governs suits for recovery of possession including by the government; no special or extended period applies. Held: The government is not entitled to a longer limitation period for possession suits; Art. 65 applies equally.
Videsh Sanchar Nigam Ltd v. Telecom District Manager (2002) Videsh-Sanchar-Nigam-Ltd-v-Telecom-District-Manager-2002 Issue: When does the residual limitation period under Art. 113 (3 years) apply. Rule: Art. 113 applies only when no other article in the Schedule covers the suit; where a specific article governs the subject matter, Art. 113 is excluded. Held: The residual article is a last resort; it cannot be invoked when a specific article covers the claim.
Distinctions
| Aspect | S.3 Bar of Remedy | S.27 Extinguishment of Right |
|---|---|---|
| Effect | Remedy barred; right survives | Both remedy and right extinguished |
| Reversibility | Right may be acknowledged or revived | Irreversible: right is gone |
| Applies to | All categories of suit | Property (possession) suits only |
| Defensive use | Time-barred right usable as set-off | Extinguished right has no defensive value |
Flashcards
Q: Art. 54: period and starting point for specific performance suit? A: 3 years from the date fixed for performance or the date of refusal.
Q: Art. 65: period and starting point for a suit for possession of immovable property? A: 12 years from the date of dispossession.
Q: Art. 136: period for execution of a decree? A: 12 years from the date the decree becomes enforceable.
Q: What is the residual period under Art. 113 and when does it apply? A: 3 years from when the right to sue accrues. Applies only when no other article in the Schedule covers the suit.
Q: What is the limitation period for an appeal to the High Court under Art. 116? A: 90 days from the date of the decree or order appealed against.
Q: What does S.27 do when the Art. 65 period for a possession suit expires? A: It extinguishes the right to the property itself, not just the remedy. The dispossessed person loses title.
Q: Is S.27 extinguishment reversible? A: No. Unlike the general bar under S.3, extinguishment under S.27 is irreversible. The right is permanently gone.
Exam Scenario
A was dispossessed of agricultural land in January 2010. He files a suit for recovery of possession in March 2024 (14 years later). Is the suit maintainable?
No. Under Art. 65, the limitation period for a suit for possession of immovable property based on title is 12 years from the date of dispossession. A had until January 2022. Filing in March 2024 is two years beyond the period. Further, under S.27, since the 12-year limitation period has expired, A title itself is extinguished. This is not a mere bar to the remedy: the right is gone. Per Bhailal Bhai, the government would be in the same position. The suit must be dismissed.