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 | When the possession of the defendant becomes adverse to the plaintiff |
| 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 Limitation Act applies to a writ petition under Art.226 for refund of tax paid under a mistake.
Rule: The Limitation Act does not as such apply to Art.226, but the period for a civil suit for the same relief is ordinarily a reasonable standard for judging delay; delay beyond it will almost always be unreasonable.
Held: Refund could be ordered under Art.226 of tax collected in breach of Art.301; delay judged by the three-year period for recovering money paid under mistake, from knowledge of the mistake.
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
Art. 54: period and starting point for specific performance suit?
3 years from the date fixed for performance or the date of refusal.
Art. 65: period and starting point for a suit for possession of immovable property?
12 years from when the possession of the defendant becomes adverse to the plaintiff.
Art. 136: period for execution of a decree?
12 years from the date the decree becomes enforceable.
What is the residual period under Art. 113 and when does it apply?
3 years from when the right to sue accrues. Applies only when no other article in the Schedule covers the suit.
What is the limitation period for an appeal to the High Court under Art. 116?
90 days from the date of the decree or order appealed against.
What does S.27 do when the Art. 65 period for a possession suit expires?
It extinguishes the right to the property itself, not just the remedy. The dispossessed person loses title.
Is S.27 extinguishment reversible?
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 when the possession of the defendant becomes adverse to the plaintiff. Here the defendant held adversely from January 2010, when A was dispossessed, so 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. (If the plaintiff were the Central or a State Government, Art.112 would give it 30 years.) The suit must be dismissed.