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Report No. 89
The Limitation Act, 1963
| Contents | |
| Chapter I | Introductory |
| Revision of the Limitation Act | |
| Scheme of the Act: the Articles in the Schedule | |
| Chapter 2 | Sections 1 and 2: Preliminary |
| Sections 1 and 2 | |
| Chapter 3 | Section 3: The Bar of Limitation |
| The Bar of Limitation | |
| Chapter 4 | Section 4: Expiry of Prescribed Period when Court is closed |
| Expiry of Prescribed Period when Court is closed | |
| Chapter 5 | Section 5: Extension of The Prescribed Period for Sufficient Cause |
| I. | Suits |
| II. | Applications |
| III. | Erroneous Legal Advice |
| IV. | Peculiar Disabilities of Married Women |
| V. | Recommendation |
| Chapter 6 | Section 6: Legal Disability |
| Legal Disability | |
| Chapter 7 | Section 7: Disability of One of Several Persons |
| Disability of One of Several Persons | |
| Chapter 8 | Section 8: Special Exceptions to The Provisions Concerning Disability |
| Special Exceptions to The Provisions Concerning Disability | |
| Chapter 9 | Section 9: Continuous Running of Time |
| Continuous Running of Time | |
| Chapter 10 | Section 10: Suits against Trustees |
| Suits against Trustees | |
| Chapter 11 | Suits on Foreign Causes of Action |
| Contracts entered into elsewhere | |
| Some practical aspects of importance | |
| Chapter 12 | Section 12: Exclusion of Time in Legal Proceedings |
| Section 12 | |
| Quietus by Supreme Court | |
| Chapter 13 | Section 13: Exclusion of Time where Leave to Sue or Appeal as Pauper is applied for |
| Exclusion of Time where Leave to Sue or Appeal as Pauper is applied for | |
| Chapter 14 | Section 14: Time Taken in Infructuous Legal Proceedings |
| Exclusion of time taken by infructuous legal proceedings | |
| Need to extend section 14 to appeals | |
| Direction by the earlier Court | |
| Chapter 15 | Section 15: Exclusion of Time in Certain other Cases |
| Exclusion of time in certain other cases | |
| Agent in Ind.-effect of | |
| Chapter 16 | Section 16: Effect of Death on Limitation |
| Effect of Death on Limitation | |
| Chapter 17 | Fraud and Mistake |
| Effect of fraud or mistake on limitation | |
| Writ jurisdiction and the bar of limitation | |
| Chapter 18 | Section 18: Acknowledgment |
| Acknowledgment | |
| Chapter 19 | Section 19: Part Payment |
| Effect of payment and its rationale | |
| Application to charges | |
| Chapter 20 | Section 20: Acknowledgment or Payment by Another Person |
| I. | Introductory |
| II. | Joint Obligees |
| Chapter 21 | Section 21: Addition or Substitution of Parties |
| I. | Introductory |
| II. | Joint Families |
| III. | Effective Date |
| IV. | Misdescription |
| V. | Appeals and Applications |
| VI. | Recommendation |
| Chapter 22 | Section 22: Continuing Wrongs |
| Section.-continuing breaches and torts | |
| Law Commission Report on the Act of 1908 | |
| Chapter 23 | Section 23: Acts Not Actionable Without Special Damage |
| Conduct not actionable without special damage | |
| Applicability of section to tort and contract suits | |
| Chapter 24 | Section 24: Computation of Time |
| Computation of Time | |
| Chapter 25 | Section 25: Acquisition of Easements by Prescription |
| Acquisition of Easements by Prescription | |
| Chapter 26 | Section 26: Reversioner |
| Reversioner | |
| Chapter 27 | Section 27: Extinguishment of Right to Property |
| Extinguishment of Right to Property | |
| Chapter 28 | Section 28: Amendment of Certain Acts |
| Amendment of Certain Acts | |
| Chapter 29 | Sections 29 To 32: Savings, Transitional Provisions and Repeal |
| I. | Introductory |
| II. | Special and Local Laws |
| III. | Local La.-the Problem of Portuguese and French Laws |
| IV. | Local Laws |
| V. | Position Regarding Suit for Dower |
| Chapter 30 | Limitation and the Amendment of Pleadings |
| I. | Position in India |
| II. | Position In England |
| III. | Australia and Canada |
| IV. | Position in U.S.A. |
| V. | Summary of Developments Elsewhere |
| Chapter 31 | Articles 1 to 5: Suits Relating to Accounts |
| Articles1 | |
| Termination of agen.-Comments of Sir Richard Garth and Mr. Hobhouse | |
| Chapter 32 | Articles 6 to 55: Suits Relating to Contracts |
| Article 6 | |
| Articles 10 and 11 | |
| Goods delivered from time to time | |
| Deposits | |
| Case law on Article 24 | |
| Case law as to bonds | |
| State Acts for the relief of indebtedness | |
| Article 40 | |
| No change needed | |
| Earlier, the High Courts of Lahore,1 Allahabad2 and Bombay3 had held otherwise | |
| No change needed in Article 51 | |
| Arbitration awards | |
| Chapter 33 | Articles 56 to 58: Suits Relating to Declarations |
| Article 56 | |
| 1871 Act criticised | |
| Chief Justice L. Jenkins, Bombay | |
| Law Commission Report | |
| Chapter 34 | Articles 59-60: Suits Relating to Decrees and Instruments |
| Articles 59-60 | |
| Chapter 35 | Articles 61 To 67: Suits Relating To Immovable Property |
| Article 61 | |
| No change needed | |
| Law Reform Committ.-views of | |
| Chapter 36 | Articles 68 To 71: Suits Relating To Movable Property |
| Article 68 | |
| Law Commission's Report | |
| Chapter 37 | Articles 72 To 91: Suits Relating To Tort |
| Article 7 | |
| Controversy as to starting point of limitation | |
| Legislative History | |
| Need for change in the law | |
| Starting poi.-comments (1908) | |
| Reason for special provision | |
| Earlier Report of the Law Commission | |
| Case law as to money in specie | |
| Chapter 38 | Articles 92 To 96: Suits Relating to Trusts and Trust Property |
| Article 92 | |
| Articles 94 and 95 | |
| Chapter 39 | Articles 97 to 112: Suits relating to Miscellaneous matters |
| Article 97 | |
| Recommendation | |
| District Judge, Cuddappah (1877) | |
| Article 103 | |
| Article 109 | |
| Chapter 40 | Article 113: Suits for which There is no Prescribed Period |
| Suits for which There is no Prescribed Period | |
| Chapter 41 | Articles 114 To 117: Appeals |
| Appeals | |
| Chapter 42 | Articles 118 To 136: Applications In Specified Cases |
| Article 118 | |
| Law Commission's Report on the Act of 1908 | |
| Failure to deposit cost of paper book | |
| Insolvency proceedin.-applicability | |
| Article 1.-Recommendation | |
| Report of the Law Commission | |
| Article 136 | |
| Chapter 43 | Article 137: Other Applications |
| Article 137 | |
| High Court cases as to "courts" | |
| Article 136 of the Constituti.-Case Law | |
| Chapter 44 | Summary of Recommendations |
| Sections | |
| Suits relating to accounts | |
| Suits relating to miscellaneous matters | |
| Appeals | |
| Applications in specified cases | |
