LIMITATION ACT, 1963 — IMPORTANT CONCEPTS & SECTIONS

 

LIMITATION ACT, 1963 — IMPORTANT CONCEPTS & SECTIONS

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1. Limitation of Suits, Appeals and Applications

Sections 3 – 11

• Section 3 – Bar of Limitation
  Any suit, appeal or application filed after the prescribed limitation period shall be dismissed, even if limitation is not pleaded.
• Section 4 – Expiry when courthouse closed
  If limitation expires on a day when the court is closed, filing may be done on the next working day.
• Section 5 – Extension of prescribed period for appeals/applications
  Delay may be condoned if sufficient cause is shown (NOT applicable to suits).
• Section 6–8 – Legal disability
  Deals with minors, insane or disabled persons and extension of limitation.
• Section 9 – Continuous running of time
  Once time begins to run, it runs continuously unless stopped by a disability or statute.
• Section 10 – Suits against trustees
  No limitation for suits for trust property.
• Section 11 – Suits on foreign contracts
  If foreign law prescribes a shorter limitation, that applies.

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2. Period of Limitation

Sections 12 – 24; Schedule I

• The period of limitation for all suits, appeals, and applications is prescribed in the Schedule (varies case by case).
• Section 12 – Exclusion of time for obtaining copies of decrees/orders.
• Section 13 – Exclusion when leave to sue or appeal as pauper is applied.
• Section 14 – Exclusion of time spent in proceedings prosecuted in good faith before a defective jurisdiction.
• Section 15 – Exclusion of time when institution is stayed by injunction or order.
• Section 16 – Effect of death on the right to sue.
• Section 17 – Effect of fraud or mistake.
• Section 18 – Acknowledgment in writing (fresh limitation).
• Section 19 – Part-payment acknowledges debt.
• Section 20 – Acknowledgment by agent.
• Section 21 – Adding or substituting parties.
• Section 22 – Continuing breaches and torts.
• Section 24 – Case of set-off or counterclaim.

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3. Continuous Running of Time

Section 9

• Once limitation begins, it runs continuously.
• It is not suspended by events like change of ownership, insolvency, etc.
• Time stops only if statute provides (e.g., legal disability).

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4. Effect of Sufficient Cause (Condonation of Delay)

Section 5

• Delay in appeals and applications may be condoned if the applicant shows sufficient cause.
• Does NOT apply to suits.
• Court has discretionary power.

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5. Legal Disability

Sections 6, 7 & 8

• Section 6 – If the person entitled to sue/appeal/apply is a minor, insane, or idiot, the limitation begins when disability ceases.
• Section 7 – If several persons jointly entitled, time begins when one is free from disability.
• Section 8 – Maximum extension = 3 years even after disability ceases.

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6. Computation of Period of Limitation

Sections 12 – 24

Important provisions:

• Section 12 – Excludes time required to obtain certified copies.
• Sections 14 & 15 – Excludes time spent in wrong courts or when suit stayed.
• Sections 16–20 – Effects of death, fraud, acknowledgement, etc.
• Section 22 – Continuing breaches: fresh limitation every day.

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7. Execution of Decrees / Limitation in Execution

Articles 135–137 (Schedule I); Section 3

• Execution of a decree must be filed within the period in the Schedule (usually 12 years for decree of immovable property; 3 years for others).
• Governed by Section 3 which bars delayed applications.

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8. Effect of Death

Section 16

• If the person dies before the right to sue accrues, limitation starts when there is a legal representative.
• If death occurs after right accrues, normal limitation applies.

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9. Fraud or Mistake

Section 17

• If a suit/appeal/application is based on:
• fraud,
• concealment, or
• mistake,
  the limitation begins from the date when:
• fraud is discovered, or
• mistake becomes known.

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10. Acknowledgment in Writing

Section 18

• A written and signed acknowledgment made before expiry of limitation resets the limitation period.
• Must be clear and made to the creditor/claimant.

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11. Part-Payment / Acknowledgement via Payment

Section 19

• Part-payment of debt or interest, before limitation expires, starts a new limitation period.
• Must be acknowledged in the handwriting or signed by debtor or agent.

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12. Acquisition of Ownership by Possession

Section 27

• At the expiry of the limitation period for recovering possession of property (usually 12 years), the right of the original owner gets extinguished.
• This is the legal basis of adverse possession.

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Summary Table (Topic → Section)

Topic	Sections
Limitation of suits, appeals, applications	3–11
Period of Limitation	Schedule I, Sections 12–24
Continuous running of time	9
Sufficient cause for delay	5
Legal disability	6, 7, 8
Computation of limitation	12–24
Execution of decrees	Articles 135–137 (Schedule), Section 3
Effect of death	16
Fraud / mistake	17
Acknowledgement in writing	18
Part-payment	19
Acquisition by possession (adverse possession)	27

 

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Drafting Pleading and Conveyancing

Introduction

Drafting is the process of transforming legal ideas, rights, duties, and obligations into clear, precise, and enforceable written documents. It is a key professional skill for lawyers, necessary for preparing pleadings, contracts, conveyancing documents, petitions, affidavits, notices, and other legal instruments. A well-drafted document avoids ambiguity, protects the client’s interests, and minimizes litigation. The art of drafting is governed by certain general principles as well as substantive legal rules relevant to the subject-matter of the document.

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I. General Principles of Drafting

1. Clarity and Precision

The foremost principle is that the language used must be unambiguous and easily understandable. Vague expressions can lead to multiple interpretations and future disputes.

• Avoid long sentences, double negatives, and abstract terms.
• Use definitive words such as “shall,” “must,” “may,” with caution.

Example:
Instead of “It is believed the party may be responsible,” use “The defendant shall be responsible for…”

2. Simplicity of Language

Legal drafting should avoid archaic expressions like “hereinafter,” “thereof,” and “witnesseth,” unless legally required. Simple, direct English improves comprehension for courts and clients.

3. Logical Arrangement

The document should follow a systematic structure:

• Title
• Parties
• Recitals
• Definitions
• Operative clauses
• Covenants
• Remedies
• Execution

Logical sequencing ensures the document flows coherently and prevents contradictions.

4. Use of Definitions

Key terms must be clearly defined at the beginning. Defined terms reduce repetitiveness and remove ambiguity.
E.g., “Premises,” “Consideration,” “Confidential Information.”

5. Consistency

Words and phrases once defined must be used consistently throughout the document. Inconsistent terminology can weaken enforcement and create interpretive issues.

6. Avoidance of Redundancy and Repetition

Each clause must serve a purpose. Repeating the same concept in different ways makes the document bulky and confusing.

7. Use of Present Tense and Active Voice

Legal documents are typically drafted in the present tense because they speak from the date of execution.
Active voice makes obligations clearer (“The buyer shall pay…”).

8. Correctness of Facts

Accurate representation of names, descriptions, property details, dates, and other factual elements is essential. Errors can invalidate the document or cause litigation.

9. Anticipation of Contingencies

The drafter must foresee future events and incorporate appropriate clauses, such as:

• Force majeure
• Dispute resolution
• Termination
• Severability

This ensures that the document remains effective even when circumstances change.

10. Avoidance of Ambiguity

Ambiguity can be:

• Lexical (unclear word meaning), or
• Syntactic (sentence structure ambiguity).

The rule of contra proferentem applies: ambiguities are interpreted against the drafter.

11. Brevity Without Sacrificing Completeness

Drafting must be concise yet comprehensive. The document should cover all essential rights and obligations without unnecessary verbosity.

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II. Substantive Rules Relevant to Drafting

Drafting is not merely linguistic skill; it must comply with the substantive laws governing the transaction or litigation. Some important substantive rules include:

1. Rules from Contract Law

When drafting agreements, the essential elements of a valid contract must be ensured:

• Free consent (Ss. 13–22, Indian Contract Act)
• Lawful object and consideration (Ss. 23–25)
• Capacity of parties
• Certainty (S. 29)
• Possibility of performance (S. 56)

Drafting must ensure that clauses do not violate public policy or statutory prohibitions.

2. Transfer of Property Laws

Documents such as sale deeds, mortgages, leases, gifts, and exchanges must comply with the Transfer of Property Act, 1882 and Registration Act, 1908.
Examples:

• A sale of immovable property worth over ₹100 must be registered.
• Mortgage deeds must specify type (simple, usufructuary, etc.).
• Leases beyond one year require registration.

3. Family and Personal Law Requirements

Drafting family settlements, wills, adoption deeds, marriage agreements, etc., must align with personal laws (Hindu Succession Act, Muslim personal law principles, etc.).

4. Civil Procedure Rules

Drafting pleadings (plaints, written statements, affidavits) must follow the Code of Civil Procedure, 1908:

• Order VI: Pleadings in general
• Order VII: Plaint requirements
• Order VIII: Written statements

Pleadings must state material facts only, not evidence.

5. Criminal Law Requirements

Drafting complaints, FIR narratives, or bail applications requires adherence to the CrPC, specifying necessary facts constituting the offence.

6. Company and Commercial Law

Drafting MOA, AOA, share agreements, and partnership deeds must comply with:

• Companies Act, 2013
• LLP Act
• Partnership Act, 1932

Substantive compliance ensures legal validity.

7. Statutory Forms and Mandatory Clauses

Some laws prescribe specific formats or mandatory clauses. The drafter must ensure adherence to these statutory requirements to avoid voidness or unenforceability.

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III. Case Law Supporting Drafting Principles

• Keshav Mills Co. Ltd. v. CIT (1965) – Courts must interpret documents by giving effect to the intention expressed in clear language.
• Delhi Development Authority v. Durga Chand Kaushish (1973) – Importance of reading the document as a whole to ascertain true intention.
• CIT v. Motors & General Stores (1967) – Substance prevails over form if ambiguity exists.

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Conclusion

Drafting is the backbone of legal practice. Effective drafting combines linguistic skills with a sound understanding of substantive law. A well-drafted document is clear, precise, legally compliant, and structured to anticipate potential issues. Adherence to the general principles of drafting and relevant substantive rules ensures documents are enforceable, reduce litigation, and safeguard the client’s interests. Hence, mastery of drafting is indispensable for every lawyer.

 

 

I. CIVIL DRAFTING

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(a) PLAINT

MEANING:

A plaint is the pleading filed by the plaintiff to start a civil suit containing material facts, cause of action, and relief claimed.

ESSENTIALS (Order VII Rule 1 CPC):

1. Name of Court
2. Name & Address of Plaintiff/Defendant
3. Facts constituting cause of action
4. Jurisdictional facts
5. Relief claimed
6. Valuation for court fee
7. Signature & verification
8. List of documents

CASE LAW

1. T. Arivandandam v. T.V. Satyapal (1977)

Facts: Suit filed without real cause of action.
Issue: Should courts reject frivolous plaints?
Judgment:

• Courts must scrutinize plaint at the threshold.
• Reject meritless plaints under O7R11.
• Prevent harassment through bogus litigation.

2. Bachhaj Nahar v. Nilima Mandal (2008)

Facts: Court granted relief not asked for.
Judgment:

• Court cannot grant relief beyond plaint.
• Relief must be specifically pleaded.

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(b) WRITTEN STATEMENT

MEANING:

The defendant’s pleading responding to the plaint through admissions, denials, and defenses.

ESSENTIALS (Order VIII CPC):

1. Point-wise reply to plaint
2. Specific denials (Rule 3–5)
3. Set-off (Rule 6)
4. Counterclaim (Rule 6A)
5. Must be filed within 30–90 days
6. Signed & verified

CASE LAW

Badat & Co. v. East India Trading (1964)

Judgment:

• Vague denial = admission.

Kailash v. Nanhku (2005)

Judgment:

• WS time limit is directory, not mandatory.

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(c) INTERLOCUTORY APPLICATION (IA)

MEANING:

An application filed during a suit for temporary/interim relief pending final decision.

ESSENTIALS:

1. Title & case details
2. Relief sought (injunction/attachment/receiver)
3. Grounds for relief
4. Supporting affidavit
5. Annexed documents

LAW:

• Order 38 CPC – attachment before judgment
• Order 39 – temporary injunction
• Order 40 – receiver

CASE LAW: Dalpat Kumar v. Prahlad Singh (1992)

Judgment:
3 ingredients for injunction:

1. Prima facie case
2. Balance of convenience
3. Irreparable injury

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(d) ORIGINAL PETITION (OP)

MEANING:

A petition filed when a statute gives original jurisdiction (e.g., divorce, guardianship).

ESSENTIALS:

1. Title & parties
2. Statutory provisions invoked
3. Material facts
4. Grounds for relief
5. Prayer

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(e) AFFIDAVIT

MEANING:

A sworn written statement of facts made under oath.

ESSENTIALS (Order XIX CPC):

1. Statement of facts
2. Verification clause
3. Declaration of truth
4. Signature of deponent
5. Attestation by Oath Commissioner

CASE LAW: A.K.K. Nambiar v. Union of India (1969)

Judgment:

• Affidavit must clearly distinguish between:
• facts known
• facts believed
• information received

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(f) EXECUTION PETITION

MEANING:

Filed to enforce a decree.

ESSENTIALS (Order XXI CPC):

1. Details of decree
2. Mode of execution (arrest/attachment/sale)
3. Identification of property
4. Statement of amount due
5. Prayer for execution

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(g) MEMORANDUM OF APPEAL

MEANING:

Document filed to appeal against decree.

ESSENTIALS (Order XLI CPC):

1. Court name
2. Details of decree appealed
3. Grounds of appeal
4. Prayer
5. Verification

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(h) MEMORANDUM OF REVISION

MEANING:

Filed to correct jurisdictional errors.

ESSENTIALS (Section 115 CPC):

1. Error of jurisdiction
2. Material irregularity
3. No alternative remedy
4. Prayer

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(i) WRIT PETITIONS (Art. 226 & 32)

MEANING:

Filed for fundamental rights (Art. 32) or legal/FR rights (Art. 226).

ESSENTIALS:

1. Locus standi
2. Violation of right
3. Grounds for writ (mandamus/HC etc.)
4. Relief sought
5. Affidavit

CASE LAW

Maneka Gandhi v. Union of India (1978)

Facts: Passport seized without hearing.
Issue: Is fair hearing part of Article 21?
Judgment:

• “Procedure established by law” must be fair, just, reasonable.

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II. CRIMINAL DRAFTING (BNSS 2023)

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(a) COMPLAINT (BNSS)

MEANING:

Allegation made to magistrate that an offence is committed.

ESSENTIALS:

1. Name & address of complainant
2. Name of accused
3. Facts constituting offence
4. Date, place, time
5. List of witnesses
6. Prayer for issue of summons

SECTIONS:

• Sec. 2(h) BNSS – Complaint
• Sec. 210 – Cognizance
• Sec. 214 – Examination

CASE LAW: Pepsi Foods Ltd. (1998)

Judgment:

• Magistrate cannot mechanically issue summons.

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(b) CRIMINAL MISC. PETITION

MEANING:

Petition seeking procedural/interim relief.

ESSENTIALS:

1. Title
2. BNSS section invoked
3. Grounds
4. Affidavit

SECTIONS:

• Sec. 528 BNSS – inherent powers

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(c) BAIL APPLICATION (BNSS)

MEANING:

Seeking release of accused.

ESSENTIALS:

1. FIR details
2. Grounds for bail
3. No flight risk
4. Undertaking

SECTIONS:

• Sec. 480, 481, 482, 483 BNSS

CASE LAW: Arnesh Kumar (2014)

Judgment:

• Arrest should be last resort.

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(d) CRIMINAL APPEAL & REVISION

MEANING:

Appeal = challenge judgment
Revision = challenge legality

SECTIONS:

• Sec. 402–414 BNSS (Appeal)
• Sec. 420–426 BNSS (Revision)

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III. CONVEYANCING

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ESSENTIAL FEATURES OF A DEED

1. Title
2. Parties
3. Recitals
4. Testatum
5. Consideration
6. Operative Clause
7. Covenants
8. Habendum
9. Schedule
10. Signature & Attestation

CASE LAW:

DDA v. Durga Chand (1973)

• Document must be read as a whole.

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1. SALE DEED

MEANING:

Transfer of ownership for a price.

ESSENTIALS:

1. Description of parties
2. Property description
3. Consideration amount
4. Transfer of title
5. Delivery of possession
6. Indemnity
7. Registration

LAW: Sec. 54 TPA

CASE LAW:
Suraj Lamp (2011) – GPA sale invalid.

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2. MORTGAGE DEED

MEANING:

Transfer of interest as security for loan.

ESSENTIALS:

1. Mortgage amount
2. Interest rate
3. Property description
4. Redemption clause

LAW: Sec. 58–77 TPA

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3. LEASE DEED

MEANING:

Transfer of right to enjoy property.

ESSENTIALS:

1. Term
2. Rent
3. Rights & duties
4. Conditions

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4. GIFT DEED

ESSENTIALS:

1. Donor & donee
2. Voluntary transfer
3. Property details
4. Acceptance

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5. PROMISSORY NOTE

ESSENTIALS:

1. Promise to pay
2. Certain sum
3. Signed

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6. POWER OF ATTORNEY

ESSENTIALS:

1. Authority granted
2. Scope
3. Revocation clause

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7. WILL

ESSENTIALS:

1. Testator details
2. Intent
3. Property distribution
4. Two witnesses
5. Signature

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8. AGREEMENTS

ESSENTIALS:

1. Offer
2. Acceptance
3. Consideration
4. Terms & conditions
5. Signature

 

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