Limitation Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 1 of Limitation Act: Short title, extent and commencement
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
(1)This Act may be called the Limitation Act.
(2)It extends to the whole of India.
(3)It shall come into force on such date as the Central Government may, by notification in the Official Gazette, appoint.
Legal Commentary & Landmark Judgments: Section 1
Section 1 of the Limitation Act, 1963 provides the short title, territorial extent across India, and commencement on 1st January 1964, establishing the definitive statutory code governing the temporal boundaries for instituting suits, appeals, and applications in Indian courts.
Short Title: Formally titled the Limitation Act, 1963 (Act 36 of 1963).
Territorial Extent Across India: Extends to the whole of India (including Jammu and Kashmir following the Jammu and Kashmir Reorganisation Act, 2019).
Commencement Date: Came into force on the 1st day of January, 1964, repealing the Indian Limitation Act, 1908.
Law of the Forum (Lex Fori): Statute of limitation is a procedural law of the forum, governing all actions brought before Indian courts irrespective of where the cause of action arose.
Key Landmark Precedents:
Ram Nath Sao v. Gobardhan Sao, (2002) 3 SCC 195: The Supreme Court observed that the rules of limitation are not meant to destroy the rights of parties; they are meant to see that parties do not resort to dilatory tactics and seek remedy promptly.
State of Punjab v. Sarwan Singh, (1981) 3 SCC 34: The Supreme Court highlighted that the object of the Limitation Act is founded on public policy: interest reipublicae ut sit finis litium (it is for the general welfare that a period be put to litigation).
Courtroom Practice & Strategic Litigation Guidance:
Always compute limitation strictly under the 1963 Act using the Gregorian calendar; limitation is a question of law going to the root of jurisdiction that the court is bound to examine under Section 3 even if not set up as a defence.
Legal Commentary & Landmark Judgments: Section 1
Section 1 of the Limitation Act, 1963 provides the short title, territorial extent across India, and commencement on 1st January 1964, establishing the definitive statutory code governing the temporal boundaries for instituting suits, appeals, and applications in Indian courts.
Always compute limitation strictly under the 1963 Act using the Gregorian calendar; limitation is a question of law going to the root of jurisdiction that the court is bound to examine under Section 3 even if not set up as a defence.