Period of Limitation in the Category of Cases in the High Court (HIGH COURT PRACTICE 5)

The law relating to limitation of suits, appeals, and applications is governed by the Limitation Act, 1963. The provisions of the Limitation Act apply to proceedings before different courts, including matters filed before the High Court. Knowledge of limitation is crucial in litigation practice, as filing beyond the prescribed period may result in dismissal of the case at the threshold.

Section 2(j) of the Act defines Term “Period of Limitation” and “Prescribe Period” as –

“period of limitation” means the period of limitation prescribed for any suit, appeal or application by the Schedule, and “prescribed period” means the period of limitation computed in accordance with the provisions of this Act.

SCHEME OF THE ACT

The Act consists of 32 sections divided into five parts and Schedule.

1. Part I - Preliminary

2. Part II - Limitation of Suits, Appeals and Applications

3. Part III - Computation of Period of Limitation

4. Part IV - Acquisition of Ownership by Possession

5. Part V – Miscellaneous

PERIOD OF LIMITATION

The schedule of the Act contained 137 Articles divided into three divisions. The first column of the schedule provides Description of suit and second and third column provides period of limitation and Time from which period begins to run.

First Division—Suits

· Part I - Suits Relating To Accounts

· Part II - Suits Relating To Contracts

· Part III - Suits Relating To Declarations

· Part IV - Suits Relating To Decrees And Instruments

· Part V - Suits Relating To Immovable Property

· Part VI - Suits Relating To Movable Property

· Part VII - Suits Relating To Torts

· Part VIII - Suits Relating To Trusts And Trust Property

· Part IX - Suits Relating To Miscellaneous Matters

· Part X - Suits For Which There Is No Prescribed Period

Second Division—Appeals

Third Division—Applications

· Part I—Applications in specified cases

PERIOD OF LIMITATION IN THE CATEGORY OF CASES IN THE HIGH COURT

For practical understanding, the limitation periods applicable to matters before the High Court can be broadly classified into the following categories:

1. Limitation in Cases Pertaining to Civil Appellate Jurisdiction
   (Appeals, revisions, applications, and related civil proceedings)
2. Limitation in Cases Pertaining to Criminal Appellate Jurisdiction
   (Criminal appeals, revisions, applications, and other criminal proceedings)
3. Limitation in Cases Pertaining to Original Side Jurisdiction
   (Suits, applications, appeals, and references instituted directly before the High Court)

Each category attracts different limitation periods depending upon the nature of the proceeding and the statutory provision under which it is filed.

Download Copy - The above categories of Limitation Period is compiled in the single document. Click on this link to download copy. 

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Source –

1. Limitation Act, 1963 

2. Bombay High Court Website- https://bombayhighcourt.nic.in/proceeding.php