What is Limitation period for Suits relating to Miscellaneous Matters? Part IX of Limitation Act 1963

Limitation period for Suits relating to Miscellaneous Matters is defined under Part IX of Limitation Act 1963. Provisions under part IX are:

Part IX of Limitation Act "Suits relating to Miscellaneous Matters"

 

 

DESCRIPTION OF SUIT

LIMITATION PERIOD

TIME FROM WHICH PERIOD BEGINS TO RUN
To enforce a right of pre  emption whether the right is founded on law or general usage or on special contract

 

 One Year When the purchaser takes under the sale sought to be impeached, physical possession of the whole or part of the property sold, or, where the subject matter of the sale does not admit of physical possession of the whole or part of the property, when the instruments of sale is registered.

 
By a person against whom an order referred to R.63 or rule 103 of Order XXI of the Code of Civil Procedure, 1908 or an order under section 28 of the Presidency Small Cause Courts Act,1882 has been made, to establish the right which he claims o the property comprised in the order.

 

 One Year The date of the final order.
To set aside a sale by a civil or revenue court or a sale for arrears of Government revenue or for any demand recoverable as such arrears.

 

 One Year When the sale is confirmed or would otherwise have become final and conclusive had no such suit been brought.
To alter or set aside any decision r order of a civil court any proceeding other than a suit of any act or order of an officer of Government in his official capacity.

 

 One year The date of the final decision or order by the court or the date of the act or order of the officer, as the case may.
Upon a judgment including a foreign judgment, or a recognizance.

 

 Three Years The date of the judgment or recognizance.
For property which the plaintiff has conveyed while insane.

 

 Three Years When the plaintiff is restored to sanity and has knowledge of the conveyance.
To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust.

 

 Three Years The date of the trustee's death or if the loss has not then resulted, the date of the loss.
To establish a periodically recurring right. Three Years When the plaintiff is first refused the enjoyment for the right.

 
By a Hindu for arrears of maintenance. Three Years When the arrears are payable.

 
For a legacy or for a share of a residue bequeathed by a testator or for a distributive share of the property of an intestate against an executor or an administrator or an administrator or some other person legally charged with the duty of distributing the estate.

 

 Twelve years When the legacy or share becomes payable or deliverable.
For possession of a hereditary office.

Explanation - A hereditary office is possessed when the properties thereof are usually received, or (if there are no properties) when the duties thereof are usually performed.

 

 Twelve years When the defendant takes possession of the office adversely to the plaintiff.
Suit during the life of a Hindu r Muslim female by a Hindu or Muslim who, if the female died at the date of instituting the suit, would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void except for her life or until her re-marriage.

 

 Twelve years The date of the alienation.
By Hindu governed by Mitakshara Law to set aside his father's alienation or ancestral property.

 

 Twelve years When the Aileen takes possession of the property.
By a person excluded from a joint-family property to enforce a right to share therein.

 

 Twelve years When the exclusion becomes known to the plaintiff.
By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession.

 

 Thirty years The date of the dispossession or discontinuance.
Any suit (except a suit before the Supreme Court in the exercise of its original jurisdiction) by or on behalf of the Central Government, or any State Government including the Government of the State of Jammu and Kashmir. Thirty years When the period of limitation would begin to run under this Act against a like suit by a private person.