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Limitation Periods in Civil Procedure Law

Introduction​

Limitation periods play a crucial role in civil litigation in India. These timeframes dictate how long a plaintiff has to initiate legal proceedings after an alleged wrong has occurred. Understanding limitation periods is essential for both lawyers and law students.

This guide will explore the key aspects of limitation periods under the Code of Civil Procedure (CPC), 1908, as amended. We'll examine the general principles, specific provisions, and relevant case laws to provide a comprehensive understanding of this important legal concept.

General Principles​

Limitation periods are governed primarily by Section 3 of the Limitation Act, 1963. This section states:

"Every suit or application shall be instituted within three years from the date when the right to institute the suit or make the application accrues."

However, this general rule is subject to various exceptions and modifications based on specific circumstances.

Specific Provisions​

Personal Injury Cases​

In cases of personal injury, the limitation period is two years from the date of knowledge of the injury. This is specified under Section 2A of the Limitation Act, 1963.

  • Legal Section: Section 2, Limitation Act, 1963

Contractual Disputes​

In contractual disputes, the limitation period typically begins from the date of the breach of contract. For example, if a party breaches a contract on January 1st, 2020, they would have until December 31st, 2022, to file a lawsuit.

  • Legal Section: Article 226, Constitution of India

Relevant Case Law: Kasturi Lal Chaudhary v. Delhi Administration, AIR 1967 SC 1740​

This case established that the limitation period for filing a writ petition against an order of eviction was three years from the date of the order.