Explanation: A suit is instituted, in ordinary cases, when the plaint is presented to the proper officer; in the case of a pauper, when his application for leave to sue as a pauper is made; and, in the case of a claim against a company which is being wound-up by the Court, when the claimant first sends in his claim to the official liquidator. Explanation: The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section. For an order under the same Code, to restore to the file an application for review rejected in consequence of the failure of the applicant to appear when the application was called on for hearing. Mere presentation of suit is sufficient to come under limitation period. Upon a Statute, Act, Regulation or Bye-law, of a penalty or forfeiture. Such user would be presumed from evidence of long actual user, but the presumption might be rebutted by proof that the enjoyment had in fact commenced within legal memory.
It provides the time period in which case can be brought in the Court of law. Estoppel by record: A person is not permitted to dispute the facts upon which a judgement against him is based. Thirty daysThe date of service of the notice of filing ofthe award. For relief on the ground of mistake. Sections 8 has been declared not to apply to suits, appeals or applications under the Bengal Public Demands Recovery Act, 1913 Ben. By an attorney or vakil for his costs of a suit or a particular business, there being no express agreement as to the time when such costs are to be paid.
Where plaintiff has implied consent by way of his conduct is called acquiescence. Against Government for compensation for land acquired for public purposes. For possession of immovable property when the plaintiff, while in possession of the property, has been dispossessed or has discontinued the possession. Short title, extent and commencement. Suit on a bill of exchange, promissory note, oryears bond not herein expressly provided for 81. By a mortgagor after the mortgage has been satisfied, to recovery surplus collections received by the mortgagee. Later disability is not taken into consideration.
Legal disability extends the period of limitation till the attainment of the legal capacity to sue. For money payable Three to the plaintiff for money paid years for the defendant. By a purchaser of immovable property at a sale in execution of a decree for delivery of possession. Negative prescription is the divesting of a right by the same process. . Complaining of resistance of obstruction to delivery of possession of immovable property decreed or sold in execution of a decree.
To obtain a declaration that an alleged adoption is invalid, or never, infact, took place. Satisfaction of court: The former civil proceeding must have been prosecuted with due diligence. Where all plaintiffs are partners in a firm, it is presumed that interest of all is not clashing as to each other being having common interest in business. When the fraud becomes known to the party wronged. On a bill of exchange orThree promissory note payable on years demand and not accompanied by any writing restraining or postponing the right to sue. Like suit, when the plaintiff has become come entitled by reason of any forfeiture or breach of condition. On a dishonoured foreign bill where protest has been made and notice given.
Six months The date of the decree. For wages not otherwise Three expressly provided for by this years Schedule. Thirty days The date of the decree or order appealed from. For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties. The date of the infringement. When the period of the proposed bill elapses The date of the sale.
For compensation for the breach of a contract in writing registered. For the readmission of an appeal dismissed for want of prosecution. Where once time has begun to run, no subsequent disability or inability to sue stops it: Provided that where Letters of Administration to the estate of a creditor, have been granted to his debtor, the running of the time prescribed for a suit to recover the debt shall be suspended while the administration continues. On a bond subject to a condition. When the default is made, unless where the payee or obligee waivesthe benefit of the provision, and then when fresh default is made in respect of which there is instalments, the whole shall be due. When the wages accrue due When the dower is demanded and refused or When the marriage is dissolved by death or divorce. To enforce a rightof pre- emption whetherthe right is founded on law, or general usage,or on special contract.
For the wages of a household servant, artisan or labourer 8. Under the Code of Civil Procedure, 1908 by a person dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree to be put into possession. Like suit when the lender has given a cheque for the money. The date of the dispossession. On a dishonoured foreign bill where protest has been made and notice given. Agent of person under disability.