Vidhi Codex

The Limitation Act, 1995

The Limitation Act, 1995

Civil199537 sections5 chapters

This Act sets the time limits for filing suits, appeals and applications in the courts of Jammu and Kashmir. A suit filed after the limitation period must be dismissed. The Act allows extra time in some cases, such as when the court is closed, the person is under a legal disability, or time was spent in other legal proceedings. It also covers acquiring ownership through long possession.

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Part I Part I

  1. 1Short title, extent and commencement
  2. 2Definitions

Part II Part II

  1. 3Dismissal of suits, etc., instituted, etc. after period of limitation
  2. 4Where Court is closed when period expires
  3. 5Extension of period in certain cases
  4. 6Legal disability
  5. 7Time runs against Y from the date of his attaining majority.
  6. 8Time will not run against any of them until either E or F becomes sane, or G attains majority.
  7. 9Section 6 read with this section does not extend that time, except where the representative is himself under disability when the representation devolves upon him.
  8. 10Suits against express trustees and their representatives
  9. 11Suits on foreign contracts

Part III Part III

  1. 12Exclusion of time in legal proceedings
  2. 13The day of paying the cost of the copy and the day on which the copy is delivered will both be excluded.
  3. 14Exclusion of time of proceeding bona fide in Court without jurisdiction
  4. 15Exclusion of time during which proceedings are suspended
  5. 16Exclusion of time during which proceedings to set aside execution sale are pending
  6. 17Effect of death before right to sue accrues
  7. 18Effect of fraud
  8. 19Effect of acknowledgement in writing
  9. 20Effect of payment of interest as such or of part payment of principal
  10. 21Agent of person under disability
  11. 22Effect of substituting or adding new plaintiff or defendant
  12. 23Continuing breaches and wrongs
  13. 24Suit for compensation for act not actionable without special damage
  14. 25The period of limitation in the case of a suit by A against B runs from the time of the subsidence.

Part IV Part IV

  1. 28Omitted Omitted.

Part V Part V

  1. 29Savings
  2. 30Provision for suits for which the period prescribed is shorter than that prescribed by the Limitation Regulation, 1977
  3. 31Saving of limitation as regards pending suits
  4. 32Repeal

PDF: pending for this language.