Limitation of Filing Various Suits (CPC)

INDEX / Search By.	Page Number
PART I SUITS RELATING TO ACCOUNTS	1
PART II Suits Relating to Contract	1-6
Part III Suits Relating to declarations	6-7
Part IV Suits Relating to Decrees and Instruments	7
Part V Suits Relating to Immovable Property	7-8
Part VI Suit Relating to Movable Property	8-9
Part VII Suit Relating to Tort	9-11
Part VIII Suits Relating to Trusts and Trust Property	11-12
Part IX Suits Relating to Miscellaneous Matters	12-13
Part X Suits For Which There is no Prescribed Period	14
Second Division- APPEALS	14
Third Division- Applications	15-16
Part II Other Applications	17

Limitation of Filing Various Civil Suits

This tables provide you the Limitation of filing various suits governed under Civil Procedure Code (CPC)

SR.NO	Description of suit	Period of limitation	TIME FROM WHICH PERIOD BEGAINS 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	3 Year	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	3 Year	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.	3 Year	When the account is, during the continuance of the agency. demanded and refused or, where n0 Such demand is made. when the agency terminates.
4	Other suits by principals against agents for neglect or misconduct	3 Year	When the neglect or misconduct becomes known to the plaintiff.
5	For an account and a share of the profits of a dissolved partnership.	3 Year	The date of the dissolution.

	PART II Suits Relating to Contract
6	For a Seaman's wages	3 Year	The end of the voyage during which the wages are earned
7	For wages in the case of any other person	3 Year	When the wages accrue due
8	For the price of food or drink sold by the keeper of a hotel, tavern or lodging house.	3 Year	When the food or drink is delivered
9	For the price of lodging.	3 Year	When the price becomes payable.
10	Against a carrier for compensation for losing or injuring goods	3 Year	When the loss or injury occurs.
11	Against a carrier for compensation for non-delivery of, or delay in delivering goods.	3 Year	When the goods ought to be delivered.
12	For the hire of animals, vehicles, boats or house-hold furniture.	3 Year	When the hire becomes payable.
13	For the balance of money advanced in payment of goods to be delivered.	3 Year	When the goods ought to be delivered.
14	For the price of goods sold and delivered where no fixed period of credit is agreed upon.	3 Year	The date of the delivery of the goods
15	For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit.	3 Year	When the period of credit expires
16	For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given.	3 Year	When the period of the proposed bill elapses
17	For the price of trees or growing crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon.	3 Year	The date of the sale.
18	For the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment.	3 Year	When the work is done.
19	For money payable for money lent.	3 Year	When the loan is made.
20	Like suit when the lender has given a cheque for the money.	3 Year	When the cheque is paid.
21	For money lent under an agreement that it shall be payable on demand.	3 Year	When the loan is made.
22	For money deposited under an agreement that it shall be payable on demand, including money of a customer in the hands of his banker so payable.	3 Year	When the demand is made.
23	For money payable to the plaintiff for money paid for the defendant.	3 Year	When the money is paid.
24	For money payable by the defendant to the plaintiff for money received by the defendant, for the plaintiff's use.	3 Year	When the money is received.
25	For money payable for interest upon money due from the defendant to the plaintiff.	3 Year	When the interest becomes due.
26	For money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them.	3 Year	When the accounts are stated in writing signed by the defendant his agent duly authorised in this behalf, unless where the debt is, by a simultaneous agreement in writing signed as aforesaid, made payable at a future time, and then when that time arrives
27	For compensation for breach of a promise to do anything at a specified. time, or upon the happening of a specified contingency.	3 Year	When the time specified arrives or the contingency happens.
28	On a single bond, where a day is specified for payment.	3 Year	The day so specified.
29	On a single bond, where no such day is specified	3 Year	The date of executing the bond.
30	On a bond subject to a condition.	3 Year	When the condition is broken.
31	On a bill of exchange or promissory note payable at a fixed time after date.	3 Year	When the bill or note falls due.
32	On a bill of exchange payable at sight, or after sight, but not at a fixed time.	3 Year	When the bills presented.
33	On a bill of exchange accepted payable at a particular place.	3 Year	When the bill is presented at that place.
34	On a bill of exchange or promissory note payable at a fixed time, after sight or after demand.	3 Year	When the fixed time expires.
35	On a bill of exchange or promissory note payable on demand and not accompanied by any writing restraining or postponing the right to sue.	3 Year	The date of the bill or note.
36	On a promissory note or bond payable by instalments.	3 Year	The expiration of the first term of payment as to the part then payable; and for the other parts, the expiration of the respective terms of payment.
37	On a promissory note or bond payable by instalments, which provides that, if default be made in payment of one or more instalments, the whole shall be due.	3 Year	When the default is made, unless where the payee or oblige waives the benefit of the provision and then when fresh default is made in respect of which there is no such waiver.
38	On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen.	3 Year	The date of the delivery to the payee.
39	On a dishonoured foreign bill where protest has been made and notice given.	3 Year	When the notice is given.
40	By the payee against the drawer of a bill of exchange, which has been dishonoured by non-acceptance	3 Year	The date of the refusal to accept.
41	By the acceptor of an accommodation bill against the drawer.	3 Year	When the acceptor pays the amount of the bill.
42	By a surety against the principal debtor.	3 Year	When the surety pays the creditor.
43	By a surety against a co-surety	3 Year	When the surety pays anything in excess of his own share.
44	(a) On a policy of insurance when the sum insured is payable after proof of the death has been given to or received by the insurers. (b) On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers.	3 Year	The date of the death of the deceased, or where the claim on the policy is denied, either partly or wholly, the date of such denial. The date of the occurrence causing the loss, or where the claim on the policy is denied, either partly or wholly, the date of such denial.
45	By the assured to recover premia paid under a policy voidable at the election of the insurers	3 Year	When the insurers elect tO avoid the policy.
46	Under the Indian Succession Act, 1925 (39 of 1925), section 360 or section 361, to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets.	3 Year	The date of the payment or distribution.
47	For money paid upon an existing consideration which afterwards fails.		The date of the failure.
48	For contribution by a party who has paid the whole or more than his share of the amount due under a joint decree, or by a sharer in a joint estate who has paid the whole or more than his share of the amount of revenue due from himself and his co-sharers.		The date of the payment in excess of the plaintiff’s own share.
49	By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution.	3 Year	When the right to contribution accrues.
50	By the manager of a joint estate of an undivided family for contribution, in respect of a payment made by him on account of the estate.	3 Year	The date of the payment.
51	For the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant.	3 Year	When the profits are received.
52	For arrears of rent.	3 Year	Where the arrears become due.
53	By a vendor of immovable property for personal payment of unpaid purchase-money	3 Year	The time fixed for completing the sale, or (where the tite accepted after the time fixed for completion) the date of tne acceptance.
54	For specific performance of a contract.	3 Year	The date flxed for the performance. or, if no such date is fixeD, when the plaintiff has notice that performance is refuse
55	For compensation for the breach of any contract, express or implied not herein specially provided for.	3 Year	When the contract is broken or (where there are suCCesse breaches) when the breach in respect of which the suit is instituted occurs or (where the breach is continuing) when it cases

	Part III Suits Relating to declarations
56	To Declare the forgery of an instrument issued or registered.	3 Year	When the issue or registration becomes known to the plaintiff.
57	To Obtain in a declaration that an alleged adoption in invalid, or never, in fact took place.	3 Year	When the alleged adoption becomes known to the plaintiff.
58	To obtain any other declaration.		When the alleged adoption becomes known to the plaintiff. When the right to sure first accrues.

	Part IV Suits Relating to Decrees and Instruments
59	To cancel or set aside an instrument or decree or for the rescission of a contract.	3 Years	When the fact entitling the plaintiff to have the instrument or decree cancelled or set aside or the contract rescinded First become known to him
60	To Set aside a transfer of property made by the guardian of a ward (a) By the ward who has attained Majority. (b) By the wards legal representative (i) When the ward dies within three years from the date of attaining majority. (ii) When the ward dies before attaining majority	3 Years 3 Years 3 Years	When the ward attains majority When the ward attains majority When the ward dies.

	Part V Suits Relating to Immovable Property
61	By a mortgagor— (a) To redeem or recover possession of immovable property mortgaged. (b) To recover possession of immovable property mortgaged and afterwards transferred by the mortgagee for a valuable consideration. (c) To recover surplus collection received by the mortgagee after the mortgage has been satisfied.	30 Years 12 Years 3 Years 12 Years	When the right to redeem or to recover possession accrues. When the transfer becomes know to the plaintiff. When the mortgagor re-enters on the mortgaged property. When the money sued for becomes due.
62	To enforce payment of money secured by a mortgage or otherwise charged upon immovable property	12 Years	When the money sued for becomes due.
63	By a mortgagee— (a) For foreclosure. (b) For possession of immovable property mortgaged.	30 Years 12 Years	When the money secured by the mortgage become due. When the mortgagee becomes entitled to possession.
64	For possession of immovable property based on previous possession and not on title, when the plaintiff while in possession of the property has been dispossessed	12 Years	The date of dispossession.
65	For possession of immovable property or any interest therein based on title Explanation – for the purposes of this article.	12 Years	When the possession of the defendant become adverse to the plaintiff.
66	For possession of immovable property when the plaintiff has become entitled to possession by reason of any forfeiture or breach of condition.	12 Years	When the forfeiture is incurred or the condition is broken.
67	By a landlord to recover possession from a tenant.	12 Years	When the tenancy is determined.

	Part VI Suit Relating to Movable Property
68	For specific movable property lost, or acquired by theft, or dishonest misappropriation or conversion.	3 Years	When the person having the right to the possession of the property first learns in whose possession it is.
69	For other specific movable property.	3 Years	When the property is wrongfully taken.
70	To recover movable property deposited or pawned from a depository or Pawnee.	3 Years	The date of refusal after demand
71	To recover movable property deposited or pawned and afterwards bought from the depository or Pawnee for a valuable consideration.	3 Years	When the sale becomes known to the plaintiff.

	Part VII Suit Relating to Tort
72	For compensation for doing or for omitting pursuance of any enactment in force for the time being in the territories to which this Act extends.	1 Years	When the act or omission takes place.
73	For compensation for false imprisonment	1 Years	When the imprisonment ends
74	For compensation for a malicious prosecution.	1Years	When the plaintiff is acquitted or the prosecution is otherwise terminated.
75	For compensation for libel.	1 Years	When the libel is published.
76	For compensation for slander	1 Years	When the words are spoken or, if the words are not actionable in themselves, when the special damage complained of results.
77	For compensation for loss of service occasioned by the seduction of the plaintiff's servant or daughter	1 Years	When the loss occurs.
78	For compensation for inducing a person to break a contract with the plaintiff.	1 Years	The date of the breach.
79	For compensation for an illegal, irregular or excessive distress.	1 Years	The date of the distress.
80	For compensation for wrongful seizure of movable property under legal process.	1 Years	The date of the seizure
81	By executors, administrators or representatives under the Legal Representatives' Suits Act, 1855 (12 of 1855).	1 Years	The date of the death of the person wronged.
92	By executors, administrators or representatives under the Indian Fatal Accidents Act, 1855 (13 of 1855).	2 Years	The date of the death of the person killed.
83	Under the Legal Representatives' Suits Act, 1855 (12 of 1855) against an executor, an administrator or any other representative,	2 Years	When the wrong complained of is done.
84	Against one who, having a right to use property for specific purposes, perverts it to other purposes.	2 Years	When the perversion first becomes known to the person injured thereby
85	For compensation for obstructing a way or a water course.	3 Years	The date of the obstruction
86	For compensation for diverting a watercourse.	3 Years	The date of the diversion.
87	For compensation for trespass upon immovable property.	3 Years	The date of the trespass.
88	For compensation for infringing copyright or any other exclusive privilege.	3 Years	The date of the infringement.
89	To restrain waste.	3 Years	When the waste begins.
90	For compensation for injury caused by an injunction wrongfully obtained	3 Years	When the injunction ceases.
91	For compensation, -- (a) for wrongfully taking or detaining any specific movable property lost, or acquired by theft, or dishonest misappropriation, or conversion. (b) for wrongfully taking or injuring or wrongfully detaining any other specific movable property	3 Years 3 Years	When the person having the right to the possession of the property first learns in whose possession it is. When the property is wrongfully taken or injured, or when the detainer's possession becomes unlawful.

	Part VIII Suits Relating to Trusts and Trust Property
92	To recover possession of immovable Property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration.	12 Years	When the transfer becomes known to the plaintiff
93	To recover possession of movable property conveyed or bequeathed in trust and afterwards transferred by the trustee for a valuable consideration.	3 Years	When the transfer becomes known to the plaintiff.
94	To set aside a transfer of immovable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof, for a valuable consideration.	12 Years	When the transfer becomes known to the plaintiff
95	To set aside a transfer of movable property comprised in a Hindu, Muslim or Buddhist religious or charitable endowment, made by a manager thereof, for a valuable consideration.	3 Years	When the transfer becomes known to the plaintiff
96	By the manager of a Hindu, Muslim or Buddhist religious or charitable endowment to recover possession of movable or immovable properly comprised in the endowment which has been transferred by a previous manager for a valuable consideration.	12 Years	The date of death, resignation or removal of the transferor or the date of appointment of the plaintiff as manager of the endowment, whichever is later.

	Part IX Suits Relating to Miscellaneous Matters
97	To enforce a right of pre-emption whether the right is founded on law or general usage or on special contract.	1 Years	When the purchaser takes under the sale sought to be impeached, physical possession of the whole or part of the property sold, or, where the subject-matter of the sale does not admit of physical possession of the whole or part of the property, when the instrument of sale is registered.
98	By a person against whom an order referred to in the rule 63 or in rule 103] of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908) or an order under section 28 of the Presidency Small Cause Courts Act, 1882 (15 of 1882) has been made, to establish the right which he claims to the property comprised In the order.	1Years	The date of the final order.
99	To set a side a sale by a civil or revenue court or a sale for arrears of Government revenue or for any demand recoverable as such arrears	1Years	When the sale Is confirmed or would otherwise have become final and conclusive had no such suit been brought.
100	To alter or set aside any decision or order of a civil court in any proceeding other than a suit or any act or order of an officer of Government in his official capacity.	1Years	The date of the final decision or order by the court or the date of the act or order of the officer, as the case may be.
101	Upon a judgment including a foreign judgment, or a recognisance.	3 Years	The date of the judgment or recognisance.
102	For property which the plaintiff has conveyed while insane.	3 Years	When the plaintiff is restored to sanity and has knowledge of the conveyance.
103	To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust.	3 Years	The date of the trustee's death or if the loss has not then resulted, the date of the loss.
104	To establish a periodically recurring right.	3 Years	When the plaintiff is first refused the enjoyment of the right.
105	By a Hindu for arrears of maintenance.	3 Years	When the arrears are payable.
106	For a legacy or for a share of a residue bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or some other person legally charged with the duty of distributing the estate.	12 Years	When the legacy or share becomes payable or deliverable
107	For possession of a hereditary office. Explanation. -- A hereditary office is possessed when the properties thereof are usually received, or (if there are no properties) when the duties thereof are usually performed.	12 Years	When the defendant takes possession of the office adversely to the plaintiff.
108	Suit during the life of a Hindu or Muslim female by a Hindu or Muslim, who if the female died at the date of instituting the suit, would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void except for her life or until her re-marriage.	12 Years	The date of the alienation.
109	By a Hindu governed by Mitakshara law to set aside his father's alienation of ancestral property.	12 Years	When the alienee takes possession of the property.
110	By a person excluded from a joint family property to enforce a right to share therein.	12 Years	When the exclusion becomes known to the plaintiff.
111	By or on behalf of a any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession.	30 Years	The date of the dispossession or discontinuance
112	Any suit (except a suit before the Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government or any State Government, including the Government of the State of Jammu and Kashmir.	30 Years	When the period of limitation would begin to run under this Act against a like suit by a private person.

	Part X Suits For Which There is no Prescribed Period
113	Any suit for which no period of limitation is provided elsewhere in this Schedule.	3 Years	When the right to sue accrues,

	Second Division- APPEALS
114	Appeal from an order of acquittal a) under sub-section (1) or sub-section (2) of section 417 of the Code of Criminal Procedure, 1898 (5 of 1898). (b) under sub-section (3) of section 417 of the Code.	90days 30days	The date of the order appealed from. The date of the grant of special leave
115	Under the Code of Criminal Procedure, 1898 (5 of 1898) (a) from a sentence of death passed by a court of session or by a High Court in the exercise of its original criminal jurisdiction. b) from any other sentence or any order not being an order of acquittal (i) to the High Court. (ii) to any other court.	90days 30days	The date of the sentence or order. The date of the sentence or order. The date of the sentence or order. The date of the sentence or order.
116	Under the Code of Civil Procedure, 1908 (5 of 1908),- (a) to a High Court from any decree or order. (b) to any other court from any decree or order.	90days 30days	The date of the decree or order. The date of the decree or order.
117	From a decree or order of any High Court to the same Court	30days	The date of the decree or order.

	Third Division- Applications
118	For leave to appear and defend a suit under summary procedure	10 days	When the summons is served
119	Under the Arbitration Act, 1940 (10 of 1940),- (a) for the filing in court of an award (b) (b) for setting aside an award or getting an award remitted for reconsideration.	30 days 30 days	The date of service of the notice of the making of the award; The date of service of the notice of the filing of the award.
120	Under the Code of Civil Procedure, 1908 (5 of 1908) to have the legal representative of a deceased plaintiff or appellant, or of a deceased defendant or respondent, made a party.	90 days	The date of death of the plaintiff, appellant, defendant or respondent, as the case may be.
121	Under the same Code for an order to set aside an abatement	60 days	The date of abatement.
122	To restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs OT service of process or to furnish security for costs.	30 days	The date of dismissal.
123	To set aside a decree passed ex parte or to re-hear an appeal decreed or heard ex parte. Explanation. -- For the purpose of this article, substituted service under rule 20 or Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not be deemed to be due service	30 days	The date of the decree or where the summons or notice was not duly served, when the applicant had knowledge of the decree.
124	For a review of judgment by a court other than the Supreme Court.	30 days	The date of the decree or order.
125	To record an adjustment or satisfaction of a decree.	30 days	When the payment or adjustment is made.
126	For the payment of the amount of a decree by instalments.	30 days	The date of the decree.
127	To set aside a sale in execution of a decree, including any such application by a judgement debtor	60 days	The date of the sale.
128	For possession by one dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree	30 days	The date of the dispossession.
129	For possession after removing resistance or obstruction to delivery of possession of immovable property decreed or sold in execution of a decree.	30 days	The date of resistance or obstruction.
130	For leave to appeal as a pauper (a) to the High Court; (b to any other court	60 days 30 days	The date of decree appealed from. The date of decree appealed from.
131	To any court for the exercise of its powers of revision under the Code of Civil Procedure, 1908 (5 of 1908), or the Code of Criminal Procedure, 1898 (5 of 1898).	90 days	The date of the decree or order or sentence sought to be revised.
132	To the High Court for a certificate of fitness to appeal to the Supreme Court under clause (1) of article 132, article 133 or sub-clause (c) of clause (1) of article 134 of the Constitution or under any other law for the time being in force.	60 days	The date of the decree, order or sentence.
133	To the Supreme Court for special leave to appeal,— a) in a case involving death sentence; b) in a case where leave to appeal was refused by the High Court; (c) in any other case.	60 days 60 days 90 days	The date of the judgment final order or sentence. The date of the order of refusal. The date of the judgment or order.
134	For delivery of possession by a purchaser of immovable property at a sale in execution of a decree.	1 Year	When the sale becomes absolute.
135	For the enforcement of a decree granting a mandatory injunction.	3 Years	The date of the decree or where a date is fixed for performance, such date.
136	For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court.	12 Years	When] the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring periods, when default in making the payment or delivery in respect of which execution is sought, takes place: Provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation.

	Part II Other Applications
137	Any other application for which no period of limitation is provided elsewhere in this Division.	3 Years	When the right to apply accrues.