Division III PART I - Applications in specified cases
Division III
PART I - Applications in specified cases
SL.NO.
DESCRIPTION OF SUIT
PERIOD OF LIMITATION
TIME FROM WHICH PEROID BEGINS TO RUN
118.
For leave to appear and defend a suit under summary procedure.
Ten days
When the summons is served.
119.
Under the Arbitration Act,1940
(a) For the filing in court of an award;
Thirty days
The date of service of the notice of the making of the award;
(b) For setting aside an award or getting an award remitted for reconsideration.
Thirty days
The date of the service of the notice of the filing of the award.
120.
Under the Code of Civil Procedure,1908, to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party.
Ninety days
The date of the death f the plaintiff, appellant, defendant or respondent, as the case may be;
121.
Under the same Code for an order to set aside an abatement.
Sixty days
The date of abatement.
122.
To restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs.
Thirty days
The date of dismissal.
123.
To set aside a decree passed ex prate or to rehear an appeal decree or head ex prate.
Explanation - For the purpose of this article, substituted service under rule 20 of Order V of the Code of Civil Procedure, 1908 shall not be deemed to be due service.
Thirty days
The date of the decree or where the summons or notice was not duly served when the applicant had knowledge of the decree.
124.
For a review of judgment by a court other than the Supreme Court.
Thirty days
The date of the decree or order.
125.
To record an adjustment or satisfaction of a decree.
Thirty days
When the payment or adjustment is made.
126.
For the payment of the amount of a decree by installments.
Thirty days
The date of the decree.
127.
To set aside a sale in execution of a decree, including any such application by a judgment-debtor.
Thirty days
The date o the sale.
128.
For possession by on dispossessed of immovable property and disputing the right f the decree-holder or purchaser at a sale in execution of a decree.
Thirty days
The date of the dispossession.
129.
For possession after removing resistance or obstruction of delivery of possession of immovable property decreed or sold in execution f a decree.
Thirty days
The date of resistance or obstruction.
130.
For leave to appeal as a pauper -
(a) To thee High Court;
Sixty days
The date of decree appealed from.
(b) To any other Court;
Thirty days
The date of decree appealed from.
131.
To any court for the exercise of its powers of revision under the Code of Civil Procedure,1908, or the Code of Criminal Procedure, 1898.
Ninety days
The date of the decree or order of sentence sought to be revised.
132.
To the High Court for a certificate of fitness to appeal to the Supreme Court under Clause (1) of Article 132, Article 133 or sub-clause (c) of clause (e) of Article 134 of thee Constitution or under any other law for the time being in force.
Sixty days
The date of the order or sentence.
133.
To the Supreme Court for Special leave to appeal,
(a) In a case involving death sentence;
Sixty days
The date of the judgment, final order or sentence.
(b) In a case where leave to appeal was refused
by the High Court;
Sixty days
The date of the order of refusal.
(c) In any other case.
Ninety days
When date of the judgment or order.
134.
For delivery of possession by a purchaser of immovable property at a sale in execution of a decree.
One year
When the sale becomes absolute.
135.
For the enforcement of a decree granting a mandatory injunction.
Three years
The date of the decree or where a date is fixed for performance, such date.
136.
For the execution of any decree (other than a decree granting a mandatory injunction) or order of any civil court.
Twelve years
Where the decree or order becomes enforceable or where the decree or any subsequent order directs any payment of money or the delivery of any property to be made at a certain date or at recurring period, when default in making the payment or delivery in respect of which execution is sought, takes place:
Provided that an application for the enforcement or execution of a decree granting a perpetual injunction shall not be subject to any period of limitation.
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