Section 2 Limitation Act: Definitions

Section 2 of Limitation Act: Definitions

Official Bare Act Text

Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary

In this Act, unless the context otherwise requires,—

(a) "applicant" includes—

(i) a petitioner;

(ii) any person from or through whom an applicant derives his right to apply;

(iii) any person whose estate is represented by the applicant as executor, administrator or other representative;

(b) "application" includes a petition;

(c) "bill of exchange" includes a hundi and a cheque;

(d) "bond" includes any instrument whereby a person obliges himself to pay money to another, on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be;

(e) "defendant" includes—

(i) any person from or through whom a defendant derives his liability to be sued;

(ii) any person whose estate is represented by the defendant as executor, administrator or other representative;

(f) "easement" includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to, or subsisting upon, the land of another;

(g) "foreign country" means any country other than India;

(h) "good faith"—nothing shall be deemed to be done in good faith which is not done with due care and attention;

(i) "plaintiff" includes—

(i) any person from or through whom a plaintiff derives his right to sue;

(ii) any person whose estate is represented by the plaintiff as executor, administrator or other representative;

(j) "period of limitation" means the period of limitation prescribed for any suit, appeal or application by the Schedule, and "prescribed period" means the period of limitation computed in accordance with the provisions of this Act;

(k) "promissory note" means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight;

(l) "suit" does not include an appeal or an application;

(m) "tort" means a civil wrong which is not exclusively the breach of a contract or the breach of a trust;

(n) "trustee" does not include a benamidar, a mortgagee remaining in possession after the mortgage has been satisfied, or a person in wrongful possession without title.

Statutory Definitions in Limitation Act Section 2: (Click any term for official legal definition)

Applicant Sec 2(a) Bill of Exchange Sec 2(c) Bond Sec 2(d) Easement Sec 2(f) Good Faith Sec 2(h) Limitation vs Prescribed Sec 2(j) Promissory Note Sec 2(k) Suit Sec 2(l) Tort Sec 2(m) Trustee Sec 2(n)

Legal Commentary & Landmark Judgments: Section 2

Section 2 of the Limitation Act, 1963 provides the foundational definitions for the statute, defining key legal concepts such as applicant, bill of exchange, bond, defendant, good faith, plaintiff, promissory note, suit, tort, and trustee.

Definition of 'Suit': Explicitly defines 'suit' as not including an appeal or an application, establishing the fundamental trichotomy between suits, appeals, and applications.
Definition of 'Good Faith': Section 2(h) states that nothing shall be deemed to be done in 'good faith' which is not done with due care and attention; stricter than the General Clauses Act definition.
Definition of 'Tort': Section 2(m) defines 'tort' as a civil wrong which is not exclusively the breach of a contract or the breach of a trust.
Definition of 'Applicant' & 'Defendant': Includes any person from or through whom the applicant/defendant derives their right or against whom the liability is enforced.

Key Landmark Precedents:

Madhavrao Jiwaji Rao Scindia v. Union of India, (1971) 1 SCC 85: The Supreme Court analyzed the statutory definition of 'suit', affirming that writ petitions under Article 32 or 226 are original constitutional proceedings and not suits within the meaning of Section 2(l).
Balkrishan v. Satyaprakash, (2001) 2 SCC 498: Held that 'good faith' under Section 2(h) requires demonstrating active due care and attention; honest blundering or gross negligence cannot claim the shelter of good faith.

Courtroom Practice & Strategic Litigation Guidance:

When claiming benefit of exclusion of time or condonation of delay, draft pleadings establishing that counsel and litigant acted with active 'due care and attention' to satisfy the stringent test of 'good faith' under Section 2(h).

Section 2: Definitions

Section 2 of Limitation Act: Definitions

Legal Commentary & Landmark Judgments: Section 2