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The Limitation Act, 1963: page 3

The Limitation Act, 1963, India Code delivered snapshot f04b51220f8f7ec9, physical page 3, typed edition 1dfeee3418fb3c6c2705c1f8efa27e957b9cd3bd696b85a8698dbfdedaa18092. Unreviewed extraction.

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                                         THE LIMITATION ACT, 1963
                                             ACT NO. 36 OF 1963
                                                                                                      [5th October, 1963.]
An Act to consolidate and amend the law for the limitation of suits and other proceedings and for
   purposes connected therewith.
   BE it enacted by Parliament in the Fourteenth Year of the Republic of India as follows:—
                                                            PART I
                                                        PRELIMINARY
   1. Short title, extent and commencement.—(1) This Act may be called the Limitation Act, 1963.
   (2) It extends to the whole of India 1***.
    (3) It shall come into force on such date2 as the Central Government may, by notification in the
Official Gazette, appoint.
   2. Definitions.—In this Act, unless the context otherwise requires,—
       (a) “applicant” includes—
            (i) a petitioner;                                                  e
                                                                        od
            (ii) any person from or through whom an applicant derives his right to apply;
           (iii) any person whose estate is represented by the applicant as executor, administrator or
       other representative;                                    aC
       (b) “application” includes a petition;
                                                           di
       (c) “bill of exchange” includes a hundi and a cheque;
                                                      In
       (d) “bond” includes any instrument whereby a person obliges himself to pay money to another,
   on condition that the obligation shall be void if a specified act is performed, or is not performed, as
   the case may be;
       (e) “defendant” includes—
            (i) any person from or through whom a defendant derives his liability to be sued;
           (ii) any person whose estate is represented by the defendant as executor, administrator or
       other representative;
      (f) “easement” includes a right not arising from contract, by which one person is entitled to
   remove and appropriate for his own profit any part of the soil belonging to another or anything
   growing in, or attached to, or subsisting upon, the land of another;
       (g) “foreign country” means any country other than India;
       (h) “good faith”—nothing shall be deemed to be done in good faith which is not done with due
   care and attention;
       (i) “plaintiff” includes—
            (i) any person from or through whom a plaintiff derives his right to sue;
           (ii) any person whose estate is represented by the plaintiff as executor, administrator or other
       representative;



   1. The words “except the State of Jammu and Kashmir” omitted by Act 34 of 2019, s. 95 and the Fifth Schedule (w.e.f. 31-
        10- 2019).
   2. 1st January, 1964, vide notification No. S.O. 3118, dated 29th October, 1963, see Gazette of India, Part II, sec. 3 (ii).
      Amended in West Bengal by W.B. Act 18 of 1977.
      1st September, 1984, vide notification No. S.O. 647(C), in respect of the State of Sikkim dated 24th August, 1984, see
      Gazette of India, Part II, sec. 3(ii).


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