Free reference
Limitation Periods for Civil Suits
Under the Limitation Act 1963, a suit for possession based on title must be filed within twelve years of the defendant's possession becoming adverse, and a suit for a declaration within three years of the right to sue accruing. Section 3 requires the court to dismiss a time-barred suit even where limitation is not pleaded, which makes the accrual date the first thing to establish in any dispute.
| Art. | Relief sought | Period | Time runs from |
|---|---|---|---|
| 54 | Specific performance of a contract | 3 years | The date fixed for performance, or where none is fixed, when the plaintiff has notice that performance is refused |
| 55 | Compensation for breach of contract | 3 years | When the contract is broken |
| 58 | Any other declaration | 3 years | When the right to sue first accrues |
| 59 | Cancellation of an instrument, or setting aside a decree obtained by fraud | 3 years | When the facts entitling the plaintiff to have the instrument cancelled become known |
| 61 | Redemption of mortgaged immovable property | 30 years | When the right to redeem accrues |
| 64 | Possession based on previous possession, not on title | 12 years | The date of dispossession |
| 65 | Possession of immovable property based on title | 12 years | When the possession of the defendant becomes adverse to the plaintiff |
| 113 | Any suit for which no period is provided elsewhere | 3 years | When the right to sue accrues |
| 134 | Possession by a purchaser at a sale in execution of a decree | 12 years | When the sale becomes absolute |
| 136 | Execution of a decree | 12 years | When the decree becomes enforceable |
| 137 | Any application for which no period is provided | 3 years | When the right to apply accrues |
Establish the accrual date first
Limitation is not an argument to be met later. Section 3 of the Limitation Act obliges the court to dismiss a time-barred suit whether or not the point is taken by the other side. In a dispute that has been running for some years, identifying the date on which the right to sue first accrued is therefore the first step, before the relief is even settled.
The bare Act is at India Code. This table covers the articles most often in issue and is not exhaustive.
Last reviewed: 12 September 2026.
Frequently asked questions
What happens if a suit is filed after the limitation period?
Section 3 of the Limitation Act requires the court to dismiss a suit filed after the prescribed period, even if limitation is not raised as a defence. It is not a technicality the other side must plead — the court must apply it of its own motion. This is why the date the right to sue accrued should be established before anything is drafted.
Can the limitation period be extended?
In limited circumstances. Section 5 allows condonation of delay in appeals and applications, though not ordinarily in suits, where sufficient cause is shown. Section 12 excludes the time taken to obtain certified copies. Section 14 excludes time spent bona fide prosecuting a matter in a court without jurisdiction. Section 18 provides a fresh period where the liability is acknowledged in writing before the period expires.
How does adverse possession work?
Under Article 65, a suit for possession based on title must be filed within twelve years of the defendant’s possession becoming adverse to the owner. If the owner does not sue within that period, the right to recover possession is extinguished under Section 27. Possession must be open, continuous, hostile and to the knowledge of the true owner; permissive possession does not become adverse merely by the passage of time.
Does limitation apply to revenue court matters in UP?
The UP Revenue Code 2006 prescribes its own periods for several proceedings, and those apply in place of, or alongside, the Limitation Act depending on the provision. Since the choice of forum between the civil court and the revenue court is itself often disputed, the applicable period should be confirmed for the specific relief before filing.