Section 30: Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908

Limitation Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963

Legal Commentary & Landmark Judgments: Section 30

Section 30 of the Limitation Act, 1963 provided a temporary transitional window for suits and appeals for which the period of limitation prescribed by the 1963 Act was shorter than the period prescribed by the 1908 Act.

  • Transitional Saving for Shorter Periods: Any suit for which the period of limitation is shorter than the period prescribed by the Indian Limitation Act, 1908 could be instituted within five years next after the commencement of the Act or within the old period, whichever expired first.
  • Protection of Vested Rights: Prevented litigants whose rights were alive under the old 60-year or 12-year periods from having their suits abruptly extinguished on 1st January 1964.
  • Appeals and Applications Transition: Provided a 90-day transitional window for appeals and applications where the 1963 Act shortened the limitation period.
  • Spent Nature: A spent historical provision that resolved constitutional retroactivity challenges during the 1964-1969 period.
Key Landmark Precedents:
  • Vinod Gurudas Raikar v. National Insurance Co. Ltd., (1991) 4 SCC 333: The Supreme Court analyzed Section 30 as a classic transitional provision designed to soften the impact of statutory reduction of prescription periods.
  • C. Beepathuma v. Shankaranarayana Kadambolithaya, AIR 1965 SC 241: The Constitution Bench observed that transitional provisions like Section 30 uphold fairness by granting reasonable time to assert claims before new shorter bars take effect.
Courtroom Practice & Strategic Litigation Guidance:

Section 30 is of historical and jurisprudential relevance, illustrating the constitutional principle that the legislature cannot extinguish an accrued cause of action without providing a reasonable transitional window to sue.