Jurisprudence, Interpretation and General Laws · Law relating to Limitation

Savings and Application of the Limitation Act to Special Laws (Sections 29-30)

Updated 11 October 2026 · Fact-checked

Section 29 of the Limitation Act, 1963 saves certain laws from the Act. Section 25 of the Contract Act is unaffected. Under section 29(2), if a special or local law prescribes its own period, section 3 applies to it, and sections 4 to 24 apply unless that law expressly excludes them.

Understand Savings and Application to Special Laws (Sections 29-30)

The Limitation Act, 1963 is a general law. It sets time limits for suits, appeals and applications. But India has many other Acts that set their own time limits. Section 29 tells you how the general Act and these other laws work together.

Section 29(1) says nothing in the Limitation Act affects section 25 of the Indian Contract Act, 1872. That section deals with agreements made without consideration. You study it under the Contract Act, and the Limitation Act does not override it.

Section 29(2) is the most tested part. Suppose a special or local law gives a period that differs from the Schedule. Then section 3 (the bar of limitation) applies as if that period were the Schedule period. So a late suit, appeal or application is dismissed even if the other side did not raise limitation.

The same sub-section also deals with sections 4 to 24. These cover things like closed court days, legal disability, fraud, acknowledgment and exclusion of time. They apply to the special or local law only so far as they are not expressly excluded by that law. The word is expressly. Silence does not exclude them.

Section 29(3) says that, save as provided in any law on marriage and divorce, nothing in the Act applies to suits or proceedings under such laws. Section 29(4) says sections 25 and 26 and the definition of easement in section 2 do not apply where the Indian Easements Act, 1882 extends. Section 30 is a transitional provision. It covers suits, appeals and applications where the older Indian Limitation Act, 1908 gave a longer period than the 1963 Act. Section 31 protects barred and pending matters.

Key rules to remember

Section 29(1): Limitation Act does not affect section 25 of the Indian Contract Act, 1872; A saving for the Contract Act rule on agreements without consideration.
Section 29(2), first part: Special or local law with a different period → section 3 applies as if that period were the Schedule period; The bar of limitation operates on the special period. Dismissal follows even if limitation is not pleaded.
Section 29(2), second part: Sections 4 to 24 apply to a special or local law only if not expressly excluded by it; Default is application. Exclusion must be express.
Section 29(3): Marriage and divorce laws: the Act does not apply, save as those laws provide; Applies to suits or proceedings under such laws.
Section 29(4): Sections 25 and 26 and the definition of easement in section 2 do not apply where the Indian Easements Act, 1882 extends; Easement rules in the Easements Act govern those territories.
Section 30 (transitional): Suit: shorter period under 1963 Act than under 1908 Act → seven years from commencement or the 1908 period, whichever expires earlier. Appeal or application: ninety days or the 1908 period, whichever expires earlier; Section 30(a) has a proviso protecting the 1963 period in certain cases. Section 31 bars revival of matters already barred under the 1908 Act.

How to solve Savings and Application to Special Laws (Sections 29-30) questions

Use this method for any question on section 29 or on whether the Limitation Act applies to another law.

1Identify the law under which the suit, appeal or application is brought. Is it the general law or a special or local law?
2Check whether that law itself prescribes a period of limitation. If it does not, the Schedule period applies.
3If it does, state that it differs from the Schedule and that section 29(2) makes section 3 apply to that period.
4Ask whether the special law expressly excludes any of sections 4 to 24. Quote the exclusion if the facts give one.
5Apply the sections not excluded, for example section 5, section 6 or section 14, to the facts.
6If the issue is marriage and divorce, easements or the Contract Act, apply section 29(3), 29(4) or 29(1) as relevant.
7Conclude clearly: is the claim barred or within time, and why?

Quickest way: Three-question check for section 29(2)

When to use it: Use it for short problems where a special Act sets its own time limit and a party asks for extra time.

Does a special or local law fix its own period? If yes, section 3 applies to that period.
Does that law expressly exclude the section the party relies on (sections 4 to 24)? If no, the section applies.
Do the facts meet that section's own conditions? If yes, the party gets the benefit. If no, the claim is barred.

Common mistakes in Savings and Application to Special Laws (Sections 29-30)

Saying the Limitation Act does not apply at all to special laws with their own period.
Students read 'different period' and assume the general Act is shut out.
Fix: State that section 3 applies to the special period and that sections 4 to 24 apply unless expressly excluded.
Treating implied exclusion as enough to shut out sections 4 to 24.
Students think a special law with a fixed deadline must be meant to be strict.
Fix: Use the text: the exclusion must be express. Silence does not exclude.
Saying section 29(1) saves the whole Contract Act.
Students remember 'Contract Act' and drop the section number.
Fix: Write that it saves section 25 of the Indian Contract Act, 1872 only.
Applying the Limitation Act to marriage and divorce proceedings without qualification.
Section 29(3) is short and is skipped.
Fix: State that the Act does not apply to proceedings under marriage and divorce laws, save as those laws provide.
Mixing up section 29 with section 30.
They are adjacent and both mention other laws.
Fix: Section 29 is about savings and special laws. Section 30 is transitional and concerns the 1908 Act.

Worked examples

Example 1

A special Act prescribes 60 days for filing an application before a tribunal. It says nothing about the Limitation Act. The applicant files on day 70 and asks the tribunal to condone the delay under section 5 of the Limitation Act. Advise whether the Limitation Act helps him.

Show the solution

Provision: under section 29(2), where a special or local law prescribes a different period, section 3 applies as if that period were the Schedule period.
Section 3 therefore bars an application made after 60 days, even if the other side does not raise limitation.
Sections 4 to 24 apply to such a period only so far as they are not expressly excluded by the special law.
Facts: the special Act is silent. It contains no express exclusion of section 5.
Section 5 is within sections 4 to 24, so it can be invoked, subject to its own conditions, such as showing sufficient cause for the delay.

Answer: The 60-day period is the period of limitation and the application on day 70 is late. But because the special Act does not expressly exclude section 5, the applicant may ask for condonation. The tribunal may grant it if he shows sufficient cause, as section 5 requires.

Example 2

State whether the following is correct: 'Section 29 of the Limitation Act, 1963 saves the whole Indian Contract Act, 1872 and applies the Limitation Act in full to proceedings under marriage and divorce laws.'

Show the solution

Check section 29(1): it says only that nothing in the Limitation Act affects section 25 of the Indian Contract Act, 1872. It does not save the whole Contract Act.
Check section 29(3): save as otherwise provided in any law on marriage and divorce, nothing in the Limitation Act applies to any suit or other proceeding under such a law.
So the Limitation Act is not applied in full to those proceedings. It is generally excluded.

Answer: The statement is incorrect on both points. Section 29(1) saves only section 25 of the Contract Act, and under section 29(3) the Limitation Act does not apply to proceedings under marriage and divorce laws, save as those laws provide.

Exam tips

Quote the exact words 'expressly excluded' in any answer on section 29(2). Examiners look for them.
Write the answer in three parts: the provision, the application to the facts, and a clear conclusion.
Learn section 29(1), (3) and (4) as one-line savings. They make good short-note material.
Keep section 29 (savings) and section 30 (transitional, 1908 Act) apart, and do not stray into section 31 unless asked.
If the question gives a special Act with a period, always say that section 3 applies to that period first.

Practice questions from Law relating to Limitation

Savings and Application to Special Laws (Sections 29-30): frequently asked questions

Does the Limitation Act apply to special or local laws?

Partly. If a special or local law sets its own period, section 3 applies to that period. Sections 4 to 24 also apply, unless that law expressly excludes them.

What does section 29(1) of the Limitation Act save?

It says nothing in the Act affects section 25 of the Indian Contract Act, 1872. That section deals with agreements made without consideration.

What does 'expressly excluded' mean in section 29(2)?

The special or local law must itself say, in clear words, that a particular provision from sections 4 to 24 does not apply. Mere silence is not an express exclusion.

What is section 30 of the Limitation Act about?

It is a transitional section. It deals with suits, appeals and applications whose period under the Indian Limitation Act, 1908 was longer than under the 1963 Act. For suits the limit is seven years from commencement, and for appeals and applications ninety days, or the older period if it expires earlier.