AI Overview...
How to Calculate Limitation Period in CPC
-
Section 12 of the Limitation Act - Used to determine the limitation period for various suits, including those involving money claims and property disputes. It emphasizes the importance of the date from which the limitation clock starts, often the date when the cause of action arises or when the right accrues. For example, in suits for the price of goods sold and delivered, the limitation period is three years under Article 14, Part II of the Limitation Act Nagesh Sales Corporation VS Kerala Soaps and Oils Limited - Kerala.
-
Determining the Starting Point - The limitation period generally begins from the date when the cause of action arises, or the date when the right to sue accrues. For decree enforcement, the period is calculated from the date the decree is signed by the Registrar or the date of the judgment, depending on the context Hajee Aboobuckor Rahimtulla Saib VS The Official Assignee Of Madras - Madras.
-
Period of Limitation for Specific Suits - Different suits have specified limitation periods, e.g., 12 years for executing a decree for possession, which excludes interim stay periods, and shorter periods for other civil suits D.Thiagarajan vs Kumbakonam Thuluva Vellalar Sangam - Madras.
-
Relevance of Court Procedures - Courts consider procedural provisions such as Order 21 Rule 63 and relevant case law to determine whether the suit was filed within the limitation period, especially in cases involving jurisdiction and valuation issues Nandlal Singh VS Mt. Baratan - Patna.
-
Exemptions and Extensions - Courts may extend or relax limitation periods under certain circumstances, such as delays in filing appeals or applications for extension of time, provided the delay is justified and supported by proper grounds U. CO. BANK, COLLEGE SQUARE, CUTTACK VS KHETRAMANI MOHANTY - Orissa.
-
Special Provisions for Sale and Auction Cases - The date of sale or auction is critical for calculating limitation in property and auction sale cases, often governed by specific provisions like Section 310A CPC, which clarifies when the limitation period begins in sale proceedings Chowdhry Kesei Sahay VS Giani Roy - Calcutta.
-
Obligation of Courts - Courts are obliged under Section 3 of the Limitation Act to calculate the limitation period even if not expressly pleaded by the parties, ensuring that suits barred by limitation are dismissed Rewaram VS State of M. P. - Madhya Pradesh.
Analysis and Conclusion
Calculating the limitation period in CPC involves identifying the accrual date of the cause of action, understanding the specific limitation period prescribed for different suits, and considering procedural rules and exceptions. Courts are mandated to actively determine whether a suit is barred by limitation, ensuring timely filing and enforcement of rights. The key is to establish the correct starting point, whether it’s the date of the cause of action, decree signing, or sale date, and to apply the relevant articles and sections of the Limitation Act accordingly.
Search Results for "How to Calculate Limitation Period in Cpc"
1993 0 Supreme(Ker) 392 • India - Kerala
G.RAJASEKHARAN
applied Section 12 of the Limitation Act to calculate the limitation period. ... period. ... Territorial Jurisdiction - Suit for Money - Code of Civil Procedure - Section 20(c), Section 12 of the Limitation Act - Legal ... Under Article 14, Part II of the Limitation Act, the period of limitation is three years for a suit for the price of goods sold and delivered, where no fixed period of credit is....
• India - Current Civil Cases
PANKAJ MITHAL
period of limitation or give plaintiff/respondents either a fresh cause of action or any latitude to calculate limitation of suit ... to be barred by any law—Plaint cannot escape rejection under Order VII, Rule 11 CPC but for exemption from limitation if established ... —Limitation Act, 1963—Section 3—Rejection of plaint—Bar of limitation—Plaint of a suit is liable to be rejected where suit appears ... Thus, the observation of the Supreme Court permi....
1959 0 Supreme(Pat) 74 • India - Patna
SHIB CHANDRA PRASAD
had originally filed the plaint, ought to have been deducted in order to calculate the period of Limitation? ... For the purpose of jurisdiction, it must be held that the plaint had been filed in the right court within the period of limitation ... CIVIL PROCEDURE CODE - ORDER 21 RULE 63 - SUIT FOR DECLARATION - JURISDICTION - VALUE OF SUIT - DECRETAL AMOUNT - LIMITATION - ... applicable and the period during which the plaintiff-appellants had been pr....
1913 0 Supreme(Mad) 197 • India - Madras
RAHIMTULLA SAIB
the limitation period from when the decree was signed by the Registrar. ... Issues: Validity of Decree Date and Calculation of Limitation Period Ratio Decidendi: The court relied on the principle ... High Court on its original side should not bear the same date as the date of its judgment or that the appellant is entitled to calculate ... I do not accept the validity of the contention of the appellants learned Counsel that the decree of the High Court on its original side should not bear the same date ....
2025 0 Supreme(Mad) 2297 • India - BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.Justice R.Vijayakumar, J
- The period of limitation for executing a decree for recovery of possession is 12 years, and the execution petition was filed within ... period of 12 years, excluding the interim stay period - The defendants' claims regarding tenancy and property description were rejected ... a significant delay was challenged on grounds of limitation and jurisdiction, but the court found it was within the permissible ... Therefore, the plaintiff cannot calculate period of ....
2019 0 Supreme(Chh) 1124 • India - Chhattisgarh
PARTH PRATEEM SAHU
The trial Court dismissed the suit on preliminary issues, primarily on the ground of limitation. ... Limitation - Civil Suit - Chhattisgarh Land Revenue Code, 1959 - Section 165(7) - 2, 4, 5, 6 - The court discussed the provisions ... The court highlighted that the issue of limitation is a mixed question of fact and law and cannot be decided as a preliminary issue ... The provision of Rule 2 of Order XIV of the CPC though have specifically provided which issues can be decided as preliminary issues and issue of ....
2001 0 Supreme(Ori) 433 • India - Orissa
P.K.PATRA, P.C.NAIK
Court Fees - Extension of Time - Code of Civil Procedure, 1908 - [CPC] - [149, 151] - The court discussed the provisions of Sections ... 14, 149, and 151 of the CPC and their interpretations in various case laws. ... the period of limitation and report if there was any delay in filing the appeal. ... the time fixed had run out, but the application came for hearing before a Division Bench after the period had run out, the High Court was not powerless to enlarge the time, even though it ....
1902 0 Supreme(Cal) 106 • India - Calcutta
K. C. I. E., GHOSE, FRANCIS W. MACLEAN, BRETT
Limitation - Sale of Immovable Property - Section 310A CPC - The date of sale for the purpose of limitation under Section 310A ... Finding of the Court: The court held that the date of sale for the purpose of limitation under Section 310A CPC is ... Issues: The issue was whether the date of sale for the purpose of limitation under Section 310A CPC is the date when the property ... And under these circumstances the judgment-debtor, appellant, is, in my opinion, enti....
2004 0 Supreme(Mad) 416 • India - Madras
M.THANIKACHALAM
47 C.P.C. and Article 137 of the Limitation Act in the context of setting aside a court auction sale after the decree has been set ... The judgment debtors filed a petition under Section 47 C.P.C. to set aside the sale held on 19.2.1996. ... auction purchaser - execution proceedings - Section 47 C.P.C. - Article 137 - The judgment discusses the application of Section ... He had further concluded, that the Article applicable to calculate the period of limitation is Art....
1986 0 Supreme(MP) 523 • India - Madhya Pradesh
GULAB C.GUPTA
In the opinion of this Court, the obligation imposed on the trial Court under section 3 of the Act obliged it to calculate the period ... beyond the period of limitation, even if limitation was not set up as a defence. ... period of notice and the suit would become barred by limitation if not filed immediately.
Filter by Legal Phrase
