Under the Limitation Act, 1963, every type of legal claim carries a specific window within which it must be filed. Miss that window, and the claim can be dismissed as time-barred — regardless of how strong it is on the merits.
How the clock starts
The limitation period generally begins from the date the "cause of action" arises — the date of a breach, the date a debt falls due, or the date a party gains knowledge of a fraud — rather than necessarily the date of the underlying event itself. Identifying the correct start date is often where disputes over limitation actually get decided.
Common limitation periods
The applicable period varies significantly by the type of claim.
- Three years for most contractual and money recovery suits
- Twelve years for suits seeking possession of immovable property
- One year for certain torts, including defamation
- Ninety days is a common window for many civil appeals
- Arbitration-related applications often carry their own shorter statutory windows, sometimes as little as 30 or 60 days
Can the delay be condoned?
Section 5 of the Limitation Act allows delay to be condoned in certain categories of proceedings — though notably not ordinary civil suits — where "sufficient cause" is shown for the delay. Courts tend to interpret this narrowly, and delay caused by simple inattention is rarely excused.
The takeaway
Given how unforgiving limitation law can be, having a matter reviewed as soon as a dispute arises — rather than waiting — preserves options that a delay would otherwise close off permanently.
This article is for general informational purposes only and does not constitute legal advice. Every matter has its own facts — please consult directly for guidance specific to your situation.
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