How limitation works in India
Almost every civil filing in India has a clock on it. The Limitation Act 1963 sets the default periods — 3 years for most money and contract suits, 12 years for possession of immovable property, 30–90 days for appeals — and special statutes such as the NI Act (cheque bounce), the Consumer Protection Act 2019, the Arbitration Act 1996 and RERA carry their own, often much shorter, deadlines. A suit filed after limitation must be dismissed even if the defendant never raises the point (Section 3).
Common limitation periods at a glance
| Case / filing | Period | Statutory basis |
|---|---|---|
| Suit to recover money lent | 3 years | Art. 19, Limitation Act 1963 |
| Suit for breach of contract (compensation) | 3 years | Art. 55, Limitation Act 1963 |
| Suit on a promissory note payable on demand | 3 years | Art. 35, Limitation Act 1963 |
| Suit for specific performance | 3 years | Art. 54, Limitation Act 1963 |
| Suit for a declaration | 3 years | Art. 58, Limitation Act 1963 |
| Suit for possession of immovable property (on title) | 12 years | Art. 65, Limitation Act 1963 |
| Execution of a decree | 12 years | Art. 136, Limitation Act 1963 |
| Suit for compensation for libel | 1 year | Art. 75, Limitation Act 1963 |
| Civil appeal to High Court (from decree) | 90 days | Art. 116(a), Limitation Act 1963 |
| Civil appeal to any other court | 30 days | Art. 116(b), Limitation Act 1963 |
| Criminal appeal to High Court (against conviction) | 60 days | Art. 115(b)(i), Limitation Act 1963 |
| Cheque bounce — demand notice (S. 138 NI Act) | 30 days | Proviso (b), S. 138 NI Act 1881 |
| Consumer complaint | 2 years | S. 69, Consumer Protection Act 2019 |
| Application to set aside arbitral award | 3 months | S. 34(3), Arbitration & Conciliation Act 1996 |
| Motor accident compensation claim (MACT) | 6 months | S. 166(3), Motor Vehicles Act 1988 (2019 amendment) |
| RERA — appeal to Appellate Tribunal | 60 days | S. 44(2), RERA 2016 |
What can change the computation
The table gives the default period. The actual deadline in a real matter can move because of:
- Exclusions — time to obtain certified copies for appeals (S. 12), proceedings in a wrong court pursued in good faith (S. 14), notice periods required by law (S. 15).
- Fresh starts — written acknowledgment (S. 18) or part-payment (S. 19) before expiry restarts the clock.
- Disability — minority or unsoundness of mind when the cause accrues (S. 6).
- Fraud or mistake — limitation runs from discovery (S. 17).
- Condonation — for appeals and applications only, on sufficient cause (S. 5); some statutes cap or exclude it.
Frequently asked questions
Is the limitation period the same in every Indian state?
The Limitation Act 1963 applies across India, so the core periods are uniform. Special statutes (RERA, Consumer Protection Act, Arbitration Act, NI Act) carry their own periods, which also apply nationally.
Can a court condone delay after limitation expires?
For appeals and applications, yes — Section 5 of the Limitation Act allows condonation on sufficient cause. It does not apply to suits. Some statutes cap condonation (e.g. only 30 extra days under Section 34(3) of the Arbitration Act) or exclude it entirely.
Does an acknowledgment of debt extend limitation?
Yes. A written, signed acknowledgment of liability made before limitation expires starts a fresh period from the date of acknowledgment (Section 18). Part-payment has a similar effect (Section 19).
What if the limitation period expires on a court holiday?
Section 4 of the Limitation Act lets you file on the day the court reopens.
When does the clock actually start?
From the date the cause of action accrues — which is fact-specific and often disputed. The time to obtain certified copies is excluded for appeals (Section 12), and disability, fraud and mistake have their own rules (Sections 6, 17). Treat this calculator as a first check, not a filing opinion.