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Section 31: Provisions as to barred or pending suits, etc.

Limitation Act • Official Statutory Text & Practice Guide

Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 30 All 32 Sections The Schedule (Arts 1–137) Section 32

Legal Commentary & Landmark Judgments: Section 31

Section 31 of the Limitation Act, 1963 establishes that nothing in this Act shall enable any suit, appeal, or application to be instituted or made for which the period of limitation had already expired before the commencement of the Act under the 1908 Act.

  • No Revival of Barred Claims: Nothing in this Act shall enable any suit, appeal, or application to be instituted, preferred, or made, if the period of limitation prescribed therefor under the Indian Limitation Act, 1908 had expired before the commencement of this Act.
  • Non-Revival Principle Codified: Enforces the universal rule of law that a claim once time-barred cannot be revived or resurrected by a subsequent amending or consolidating statute.
  • Saving of Pending Proceedings: Nothing in this Act shall affect any suit, appeal, or application instituted or pending on 1st January 1964.
  • Protection of Acquired Titles: Protects defendants who had acquired immunity or prescriptive title through the expiry of limitation under the 1908 Act.
Key Landmark Precedents:
  • New India Assurance Co. Ltd. v. C. Padma, (2003) 7 SCC 713: The Supreme Court authoritatively held that once a claim is barred by limitation under an existing statute, it cannot be revived by a subsequent enactment in the absence of explicit retrospective revival provisions.
  • C. Beepathuma v. Shankaranarayana Kadambolithaya, AIR 1965 SC 241: The Constitution Bench affirmed that Section 31 prevents the reopening of dead and time-barred causes of action.
Courtroom Practice & Strategic Litigation Guidance:

Rely on the doctrine underlying Section 31 to oppose any argument that modern amendments or judicial extensions can revive a claim whose statutory limitation period had already completely expired prior to the amendment.

Section 30 All 32 Sections The Schedule (Arts 1–137) Section 32