Jurisprudence, Interpretation and General Laws · Law relating to Limitation

Limitation for Suits, Appeals and Applications under the Limitation Act, 1963

Updated 11 October 2026 · Fact-checked

The Limitation Act, 1963 bars a suit, appeal or application filed after the prescribed period. The Schedule fixes the period and the starting point. Under Section 22 a continuing breach or tort starts a fresh period at every moment it continues. Under Section 23 the period runs from when the injury results.

Understand Limitation for Suits, Appeals and Applications (Sections 22-24 and Schedule)

Limitation is a time limit for going to court. Under Section 3(1), every suit, appeal or application made after the prescribed period must be dismissed, even if the other side never raised limitation as a defence. So the court itself checks it.

The period is not the same for every case. The Schedule to the Act lists the kind of suit, appeal or application, the period allowed, and the time from which the period begins to run. To answer a question you need two things: the period and the starting point. Section 2(j) says the "period of limitation" is the one prescribed by the Schedule.

Two sections change the usual starting point. Section 22 deals with a continuing breach of contract or a continuing tort. The wrong does not happen once. It goes on. So a fresh period of limitation begins to run at every moment the breach or tort continues. Example: a neighbour keeps a wall on your land. Each day the wrong continues, and you can sue for the wrong continuing within the period. Section 22 does not revive a wrong that has ended.

Section 23 deals with a suit for compensation for an act that gives no cause of action unless some specific injury actually results. Here the period is computed from the time when the injury results, not from the time of the act. Example: a mining company digs near your land. No claim arises until your house actually cracks. The period runs from the cracking.

For the Schedule, remember the general pattern. Money suits and contract suits usually have short periods, and suits about immovable property have longer ones. Appeals and applications have their own, shorter periods. Always check the Schedule entry for the exact period and start point. The exact periods below are taken from the Schedule as commonly taught. Confirm them against your ICSI study material before the exam.

Key rules to remember

Bar of limitation (Section 3(1)): Suit, appeal or application made after the prescribed period → dismissed, even if limitation is not pleaded; Subject to Sections 4 to 24, which allow extension or exclusion.
Continuing breach or tort (Section 22): Continuing breach/tort → fresh period begins at every moment the breach/tort continues; Applies only while the wrong is continuing. A completed wrong is not covered.
Act needing special damage (Section 23): Period runs from the time the injury results; Applies where the act gives no cause of action unless a specific injury actually results.
Schedule approach: Period of limitation = period in the Schedule; starting point = third column of the Schedule; Section 2(j) defines the period of limitation by reference to the Schedule.
Schedule: common periods for suits: Suit for price of goods sold and delivered, money lent, compensation for breach of contract: 3 years; suit to recover immovable property based on title: 12 years; Commonly taught Schedule periods. Check the exact start point for each entry in the Schedule.
Schedule: common periods for appeals: Appeal to the High Court: 90 days; appeal to any other court: 30 days; Commonly taught under the Schedule. Check the exact entry for the type of order or decree.

How to solve Limitation for Suits, Appeals and Applications (Sections 22-24 and Schedule) questions

Use this method for any problem asking whether a suit, appeal or application is within time.

1Identify the proceeding: suit, appeal or application. Section 2(l) says a suit does not include an appeal or application.
2Find the matching entry in the Schedule and note the period allowed.
3Note the starting point in the third column of the Schedule. State it clearly.
4Check if the wrong is continuing (Section 22) or needs a specific injury (Section 23). If so, adjust the starting point.
5Check whether any extension or exclusion applies, such as legal disability (Section 6) or payment (Section 19).
6Count the period and compare it with the date of filing. Under Section 3(2), a suit is instituted when the plaint is presented to the proper officer.
7Conclude clearly: within time or barred under Section 3(1).

Quickest way: Period, start point, trigger check

When to use it: Use when you have little time and the facts are short.

Write the Schedule period and start point in one line.
Ask one question: is the wrong still going on? If yes, cite Section 22.
Ask a second: did the claim arise only when damage occurred? If yes, cite Section 23.
Count from the correct date and write the conclusion with Section 3(1).

Common mistakes in Limitation for Suits, Appeals and Applications (Sections 22-24 and Schedule)

Applying Section 22 to a wrong that has ended.
Students see repeated losses and assume the breach is continuing.
Fix: Check whether the breach itself continues. A one-time breach with continuing effects is not a continuing breach.
Counting from the date of the act under Section 23.
Students use the usual rule of counting from the wrongful act.
Fix: Under Section 23 count from the time the injury results, where the act is not actionable without specific injury.
Saying limitation extinguishes the court's power only if the defendant raises it.
Students think limitation is a defence the defendant must plead.
Fix: Section 3(1) says the suit must be dismissed although limitation has not been set up as a defence.
Mixing up periods for suits, appeals and applications.
The Schedule has many entries and students memorise numbers without the heading.
Fix: Identify the type of proceeding first, then the Schedule entry, then the period.
Forgetting the starting point and giving only the period.
Students remember '3 years' but not '3 years from when'.
Fix: Always write both the period and the time from which it runs.

Worked examples

Example 1

Mehta Traders supplied goods to Ravi Enterprises on 1 March 2022, and the price was due on delivery. Ravi did not pay. Mehta Traders files a suit on 15 June 2026 for the price. Is the suit within limitation? Assume the period is 3 years from the date of delivery.

Show the solution

Provision: Section 3(1) bars a suit made after the prescribed period. The Schedule gives the period for a suit for the price of goods sold and delivered.
Facts: the period is 3 years from delivery on 1 March 2022, so it ends on 1 March 2025.
The suit was filed on 15 June 2026, which is after 1 March 2025.
Nothing in the facts shows a continuing breach, a disability, or a payment that could give a fresh period.

Answer: The suit is barred by limitation under Section 3(1) and must be dismissed, even if Ravi does not plead limitation.

Example 2

Sundaram Pvt. Ltd. built a factory next to Kavita's land. Its machinery keeps discharging effluent onto her land every day, starting in January 2020. In March 2026 she sues for compensation. The company says her claim is time-barred because the discharge began in 2020. Advise.

Show the solution

Provision: Section 22 says that in a continuing tort a fresh period of limitation begins to run at every moment during which the tort continues.
Facts: the discharge happens every day and continues up to the date of suit, so it is a continuing tort.
Because a fresh period begins at each moment, the claim for the wrong continuing within the limitation period is not barred merely because the first discharge was in 2020.
Limit: Kavita can claim only for the wrong within the permitted period before the suit, not a wrong that has ended long before.

Answer: The company's defence fails. Under Section 22, the tort is continuing, so a fresh period of limitation begins at every moment it continues, and Kavita's suit for the continuing wrong is not barred.

Exam tips

Always name the section in your answer. Cite Section 3(1) for the bar and Section 22 or 23 when the facts need it.
Write the period and the starting point together, then state the conclusion in one line.
In a problem, look for the words 'continues', 'every day' or 'damage occurred later'. These signal Section 22 or 23.
Do not guess a Schedule period you do not remember. State the principle, the section and apply the period given in the question.

Practice questions from Law relating to Limitation

Limitation for Suits, Appeals and Applications (Sections 22-24 and Schedule): frequently asked questions

What is a continuing breach under Section 22?

It is a breach of contract or a tort that goes on over time. Section 22 says a fresh period of limitation begins to run at every moment the breach or tort continues. So a suit is not barred only because the wrong started long ago.

How is Section 23 different from Section 22?

Section 22 covers wrongs that continue. Section 23 covers acts that give no cause of action unless a specific injury results. Under Section 23 the period is computed from the time when the injury results.

Where do I find the exact time limits for suits, appeals and applications?

They are in the Schedule to the Limitation Act, 1963. It lists the proceeding, the period and the time from which the period runs. Revise the entries in your ICSI study material.

Does the court check limitation if the defendant does not raise it?

Yes. Section 3(1) says a suit, appeal or application made after the prescribed period must be dismissed although limitation has not been set up as a defence.