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State of Jammu-Kashmir - Act

The Limitation Act, Svt. 1995 (1938 A.D.)

JAMMU & KASHMIR
India

The Limitation Act, Svt. 1995 (1938 A.D.)

Rule THE-LIMITATION-ACT-SVT-1995-1938-A-D of 1938

Published on 27 June 1938
Commenced on 27 June 1938
[This is the version of this document from 27 June 1938.]
[Note: The original publication document is not available and this content could not be verified.]

The Limitation Act, Svt. 1995 (1938 A.D.)(Act No. 9 of Samvat 1995)Last Updated 27th May, 2019[Received assent of His Highness the Maharaja Bahadur on 27th June, 1938/14th Har, 1995 and published in the Government Gazette dated 7th Assuj, 1995.]An Act to Consolidate and amend the Law for the Limitation of Suits, and for other purposes.Whereas it is expedient to consolidate and amend the law relating to the limitation of suits, appeals and certain applications to Courts; andWhereas it is also expedient to provide rules for acquiring by possession the ownership of property; It is hereby enacted as follows: -Part-I Preliminary

1. Short title, extent and commencement.

(1)This Act may be called the Limitation Act No. IX of 1995.

(2)It extends to the whole of Jammu and Kashmir State including the Illaqas of Poonch and Chenani.

(3)It shall come into force one year after the date when after receiving the assent of His Highness the Maharaja Bahadur it is published in the Government Gazette.

2. Definitions.

- In this Act, unless there is anything repugnant in the subject or context, -

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

(2)"bills of exchange" include a hundi, brat and a cheque;

(3)"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;

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

(5)omitted;

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

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

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

(9)"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;

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

(11)"trustee" does not include a benamindar, a mortgagee remaining in possession after the mortgage has been satisfied, or a wrong-doer in possession without title.

Part II – Limitation of Suits, Appeals and Applications

3. Dismissal of suits, etc., instituted, etc. after period of limitation.

- Subject to the provisions contained in sections 4 to 25 (inclusive), every suit instituted, appeal preferred, and application made, after the period of limitation prescribed therefor by the First Schedule shall be dismissed, although limitation has not been set up as a defence.Explanation: - A suit is instituted, in ordinary cases, when the plaint is presented to the proper officer; in the case of a pauper, when his application for leave to sue as a pauper is made; and, in the case of a claim against a company which is being wound up by the Court, when the claimant first sends in his claim to the official liquidator.

4. Where Court is closed when period expires.

- Where the period of limitation prescribed for any suit, appeal or application expires on a day when the Court is closed, the suit, appeal or application may be instituted, preferred or made on the day that the Court re-opens.

5. Extension of period in certain cases.

- An appeal or an application for a review of a judgment or for leave to appeal or an application to set aside an order of dismissal of a suit for plaintiff's default or an application to set aside a decree passed ex-parte in an original suit or appeal or an application to bring the heirs of a deceased party on the record or an application to set aside an order of abatement of a suit or appeal or any other application to which this section may be made applicable by or under an enactment for the time being in force may be admitted after the period of limitation prescribed therefor, when the appellant or applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period.Explanation: - The fact that the appellant or applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period of limitation may be sufficient cause within the meaning of this section.

6. Legal disability.

(1)Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the period of limitation is to be reckoned, a minor, or insane, or an idiot, he may institute the suit or make the application within the same period after the disability has ceased, as would otherwise have been allowed from the time prescribed therefor in the third column of the First Schedule.

(2)Where such person is, at the time from which the period of limitation is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period, after both disabilities have ceased, as would otherwise have been allowed from the time so prescribed.

(3)Where the disability continues up to the death of such person, his legal representative may institute the suit or make the application within the same period after the death as would otherwise have been allowed from the time so prescribed.

(4)Where such representative is at the date of the death affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.Illustrations

(a)The right to sue for the hire of a boat accrues to A during his minority. He attains majority four years after such accruer. He may institute his suit at any time within three years from the date of his attaining majority.

(b)A right to sue accrues to X during his minority. After the accruer but while X is still a minor, he becomes insane. Time runs against X from the date when his insanity and minority cease.

(c)A right to sue accrues to X during his minority. X dies before attaining majority, and is succeeded by Y, his minor son, Time runs against Y from the date of his attaining majority.

7. Disability of one of several plaintiffs or applicants.

- Where one of several persons jointly entitled to institute a suit or make an application for execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all; but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.Illustrations

(a)A incurs a debt to a firm of which B, C and D are partners. B is insane, and C is a minor. D can give a discharge of the debt without the concurrence of B and C. Time runs against B, C and D.

(b)A incurs a debt to a firm of which E, F and H are partners, E and F are insane, and G is a minor. Time will not run against any of them until either E or F becomes sane, or G attains majority.

8. Special exceptions.

- Nothing in section 6 or in section 7 applies to suits to enforce rights of prior purchase, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period within which any suit must be instituted or application made.Illustrations

(a)A, to whom a right to sue for a legacy has accrued during his minority, attains majority eleven years after such accruer. A has, under the ordinary law, only one year remaining within which to sue. But under section 6 and this section an extension of two years will be allowed to him, making in all a period of three years from the date of his attaining majority, within which he may bring his suit.

(b)A right to sue for a hereditary office accrues to A who at the time is insane. Six years after the accruer A recovers his reason. A has six years, under the ordinary law, from the date when his insanity ceased within which to institute a suit. No extension of time will be given to him under section 6 read with this section.

(c)A right to sue as landlord to recover possession from a tenant accrues to A, who is an idiot. A dies three years after the accruer, his idiocy continuing up to the date of his death. A's representative-in-interest has, under ordinary law, nine years from the date of A's death within which to bring a suit. Section 6 read with this section does not extend that time, except where the representative is himself under disability when the representation devolves upon him.

9. Continuous running of time.

- Where once time has begun to run, no subsequent disability or inability to sue stops it:Provided that, where letters of administration to the estate of a creditor have been granted to his debtor, the running of the time prescribed for the suit to recover the debt shall be suspended while the administration continues:[Provided further that where any area has been notified as a disturbed area under the Jammu and Kashmir Disturbed Areas Act, 1992, the running of time prescribed for institution of the suit or for execution of a decree or order of any civil court shall be suspended while the area continues to be so disturbed in respect of suits described in Articles 87 and 88 in part VII, Article 135 in part VIII and Article 182 of part X of the First Schedule.] [Proviso inserted by Act XVIII of 1997, Section 2.]

10. Suits against express trustees and their representatives.

- Notwithstanding anything hereinbefore contained, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property, or the proceeds thereof or for an account of such property or proceeds, shall be barred by any length of time.For the purposes of this section any property comprised in Hindu, Mohammedan, Budhist religious or charitable endowment shall be deemed to be property vested in trust for a specific purpose, and the manager of any such property shall be deemed to be the trustee thereof.

11. Suits on foreign contracts.

(1)Suits instituted in the State on contracts entered into in a foreign country are subject to the rules of limitation contained in this Act.

(2)No foreign rule of limitation shall be a defence to a suit instituted in the State on a contract entered into in a foreign country, unless the rule has extinguished the contract and the parties were domiciled in such country during the period prescribed by such rule.

Part III – Computation of Period of Limitation

12. Exclusion of time in legal proceedings.

(1)In computing the period of limitation prescribed for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded.

(2)In computing the period of limitation prescribed for an appeal, an application for leave to appeal and an application for a review of judgment, the day on which the judgment complained of was pronounced, and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be reviewed, shall be excluded. In an appeal from an appellate decree or order so much of the time requisite for obtaining a copy of the judgment of the Court of first instance for the purpose of being filed with the memorandum of appeal shall also be excluded as may be in excess of the time spent in obtaining a copy of the decree or order appealed against and that of the judgment on which the said decree is founded, but no part of the time common to the copies shall be counted twice over.IllustrationAn application for copy of the decree appealed against and the judgment on which the said decree is founded is made on the 10th of June. An application for copy of the first Court's judgment is made on the 25th June. The period requisite for the supply of copies under the first application runs up to the 5th July and under the second to the 10th July. The time common to the copies from the 25th of June to the 5th of July shall be counted only once.

(3)Where a decree is appealed from or sought to be reviewed, the time requisite for obtaining a copy of the judgment [x x x] [Words deleted by Act VI of 2009, section. 33.] shall also be excluded. Where in filing a second appeal it is incumbent on the appellant to file a copy of the judgment of the first Court, the time requisite for obtaining such copy shall be excluded.

(4)In computing the period of limitation prescribed for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.Explanation: - The time requisite for obtaining a copy will be the time between the date when the estimated cost of a copy is paid in by the applicant in accordance with the order passed in this respect and the date when the copy is ready and a notice is put up notifying the fact. The day of paying the cost of the copy and the day on which the copy is delivered will both be excluded.

13. Exclusion of time of defendant's absence from the State.

- In computing the period of limitation prescribed for any suit, the time during which the defendant has been absent from the State shall be excluded.

14. Exclusion of time of proceeding bona fide in Court without jurisdiction.

(1)In computing the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the defendant, shall be excluded, where the proceeding is founded upon the same cause of action and is prosecuted in good faith in a Court which, from defect of jurisdiction, or other cause of a like nature, is unable to entertain it.

(2)In computing the period of limitation prescribed for any application, the time during which the applicant has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the same party for the same relief shall be excluded, where such proceeding is prosecuted in good faith in a Court which from defect of jurisdiction or other cause of a like nature, is unable to entertain it.Explanation I. - In excluding the time during which a former suit or application was pending, the day on which that suit or application was instituted or made, and the day on which the proceedings therein ended, shall both be counted.Explanation II. - For the purposes of this section, a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding.Explanation III. - For the purposes of this section misjoinder of parties or of causes of action shall be deemed to be a cause of like nature with defect of jurisdiction.Explanation IV. - In suitable cases proceedings in the Revenue Department may come within the expression civil proceedings as used in the section.

15. Exclusion of time during which proceedings are suspended.

(1)In computing the period of limitation prescribed for any suit or application for the execution of a decree, the institution prescribed for any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made, and the day on which it was withdrawn, shall be excluded.

(2)In computing the period of limitation prescribed for any suit of which notice has been given in accordance with the requirements of any enactment for the time being in force, the period of such notice shall be excluded.

16. Exclusion of time during which proceedings to set aside execution sale are pending.

- In computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded.

17. Effect of death before right to sue accrues.

(1)Where a person, who would, if he were living, have a right to institute a suit or make an application, dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased capable of instituting or making such suit or application.

(2)Where a person against whom, if he were living, a right to institute a suit or make an application would have accrued dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute or make such suit or application.

(3)Nothing in sub-sections (1) and (2) applies to suits to enforce rights of prior purchase or to suits for the possession of immovable property or of a hereditary office.

18. Effect of fraud.

- Where any person having a right to institute a suit or make an application has, by means of fraud, been kept from the knowledge of such right or of the title on which it is founded, or where any document necessary to establish such right has been fraudulently concealed from him, the time limited for instituting a suit or making an application-

(a)against the person guilty of the fraud or accessory thereto, or

(b)against any person claiming through him otherwise than in good faith and for a valuable consideration, shall be computed from the time when the fraud first became known to the person injuriously affected hereby or, in the case of the concealed document, when he first had the means of producing it or compelling its production.

19. Effect of acknowledgment in writing.

(1)Where before, the expiration of the period prescribed for a suit or application in respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by some person through whom he derived title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.

(2)Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but, subject to the provisions of the Evidence Act (XIII of 1977), oral evidence of its contents shall not be received.Explanation I. - For the purposes of this section an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come, or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to set-off or is addressed to a person other than the person entitled to the property or right.Explanation II. - For the purposes of this section, "signed" means signed either personally or by an agent duly authorised in this behalf.Explanation III. - For the purposes of this section an application for the execution of a decree or order is an application in respect of a right.

20. Effect of payment of interest as such or of part payment of principal.

(1)Where interest on a debt or legacy is, before the expiration of the prescribed period, paid as such by the person liable to pay the debt or legacy, or by his agent duly authorised in this behalf, or where part of the principal of a debt is, before the expiration of the prescribed period, paid by the debtor or by his agent duly authorised in this behalf, a fresh period of limitation shall be computed from the time when the payment was made:Provided that, an acknowledgment of the payment appears in the handwriting of, or in a writing signed by the person making the payment.

(2)Effect of receipt of produce of mortgaged land. - Where mortgaged land is in the possession of mortgagee, the receipt of the rent or produce of such land shall be deemed to be a payment for the purpose of sub-section (1).Explanation: - Debt includes money payable under a decree or order of Court.

21. Agent of person under disability.

(1)The expression "agent duly authorised in this behalf", in sections 19 and 20, shall, in the case of a person under disability, include his lawful guardian, committee or manager, or an agent duly authorised by such guardian, committee or manager to sign the acknowledgment or make the payment.

(2)Acknowledgment or payment by one of several joint contractors etc. - Nothing in the said sections renders one of several joint contractors, partners, executors or mortgagees chargeable by reason only of a written acknowledgment signed or of payment made by, or by the agent of, any other or others of them.

(3)For the purposes of the said sections-

(a)an acknowledgment signed, or payment made, in respect of any liability, by, or by the duly authorised agent of, any widow or other limited owner of property who is governed by the Hindu law, shall be a valid acknowledgment or payment, as the case may be, as against reversioner succeeding to such liability; and

(b)where liability has been incurred by, or on behalf of, a Hindu undivided family as such, an acknowledgment or payment made by, or by the duly authorised agent of, the manager of the family for the time being shall be deemed to have been made on behalf of the whole family.

22. Effect of substituting or adding new plaintiff or defendant.

(1)Where, after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party.

(2)Nothing in sub-section (1) shall apply to a case where a party is added or substituted owing to an assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.

23. Continuing breaches and wrongs.

- In the case of a continuing breach of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong, as the case may be, continues.

24. Suit for compensation for act not actionable without special damage.

- In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results.IllustrationA owns the surface of a field. B owns the sub-soil. B digs coal thereat without causing any immediate apparent injury to the surface; but at last the surface subsides. The period of limitation in the case of a suit by A against B runs from the time of the subsidence.

25. Computation of time mentioned in instruments.

- All instruments shall for the purpose of this Act be deemed to be made with reference to the [Gregorian] [Substituted by Act XXIV of Samvat 2011 for 'Bikarmi' w. e. f. 1st April, 1955.] calendar. Illustrations (a) A Hindu makes a promissory note bearing a native date only, and payable four months after date. The period of limitation applicable to a suit on the note runs from the expiration of four months after date computed according to the [Gregorian] [Substituted by Act XXIV of Samvat 2011 for 'Bikarmi' w. e. f. 1st April, 1955.] calendar. (b) A Hindu makes bond, bearing a native date only, for the repayment of money within one year. The period of limitation applicable to a suit on the bond runs from the expiration of one year after date computed according to the [Gregorian] [Substituted by Act XXIV of Samvat 2011 for 'Bikarmi' w. e. f. 1st April, 1955.] calendar.

Part IV – Acquisition of Ownership by Possession

26.

Omitted.

27. Extinguishment of right to property.

- At the determination of the period hereby limited to any person for instituting a suit for possession of any property, his right to such property shall be extinguished.

Part V – Savings and Repeals

29. Savings.

(1)Nothing in this Act shall affect section 25 of the Contract Act (IX of 1977).

(2)Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefor by the First Schedule, the provisions of section 3 shall apply, as if such period were prescribed therefor in that Schedule, and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law-

(a)the provisions contained in section 4, sections 9 to 18 and section 22 shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law; and

(b)the remaining provisions of this Act shall not apply.

30. Provisions for suits for which the period prescribed is shorter than that prescribed by the Limitation Regulation of 1977.

- Notwithstanding anything herein contained, any suit for which the period of limitation prescribed by this Act is shorter than the period of limitation prescribed by the limitation Regulation, 1977, may be instituted within the period of 1½ years this comes into force or within the period prescribed for such suit by the Limitation Regulation of 1977, whichever period expires first.

31. Saving of limitation as regards pending suits.

- No suit, appeal or other proceeding pending in any Court at the date of the commencement of this Act shall be dismissed on the ground that it is barred by limitation, provided it was not so barred at the date of its institution under the Limitation Regulation of 1977.

32. Repeal.

- The Limitation Regulation XXIV of 1977 is hereby repealed.The First Schedule[See Section 3]First Division - Suits

Description of suit	Period of limitation	Time from which period begins to run
Part I - Thirty days
1.	To contest an award under the Waste Land Rules	Thirty days	When notice of the award is delivered to theplaintiff.
PART II - Ninety days
2.	For compensation for doing or for omitting to doan act alleged to be in pursuance of any enactment in force forthe time being in the State.	Ninety days	When the act or omission takes place.
Part III - Six months
3.	Under the Specific Relief Act, section 9, torecover possession of immovable property.	Six months	When the dispossession occurs.
4.	Omitted.
Part IV - One year
5.	Omitted.
6.	Upon any law or bye-law, for penalty orforfeiture.	One year	When the penalty or forfeiture is incurred.
7.	For the wages of a household servant, artisan orlabourer.	One year	When the wages accrue due.
8.	For the price of food or drink sold by thekeeper of a hotel, tavern or lodging house.	One year	When the food or drink is delivered.
9.	For the price of lodging.	One year	When the price becomes payable.
10.	To enforce a right of prior purchase whetherbased on law, usage or on special contract.	One year	When the purchaser takes, under the sale soughtto be impeached, physical possession of the whole of the propertysold, or, where the subject of the sale does not admit ofphysical possession, when the registration of the instrument ofsale is completed.
11.	By a person, against whom the following orderhas been made to establish the right which he claims to theproperty comprised in the order:-Order under the Code ofCivil Procedure, on a claim, preferred to, or an objection madeto the attachment of property attached in execution of a decree.	One year	From the date of the order.
11-A	By a person against whom an order has been madeunder the Code of Civil Procedure, upon an application by theholder of a decree for the possession of immovable property or bythe purchaser of such property sold in execution of a decree,complaining of resis-tance or obstruction to the delivery orposses-sion thereof or upon an application by any persondis-possessed of such property in the delivery of possessionthereof to the decree- holder or purchaser, to establish theright which he claims to the present possession of the propertycomprised in the order.	One year	The date of the order.
12.	To set aside any of the following sales:-	One year	When the sale is confirmed, or would otherwisehave become final and conclusive had no such suit been brought.
	(a) Sale in execution of a decree of a CivilCourt.
	(b) Sale in pursuance of a decree or order of aCollector or other officer of Revenue Department.
	(c) Sale for arrears of Government revenue, orfor any demand recoverable as such arrears.
13.	To alter or set aside a decision or order of aCivil Court in any proceeding other than a suit.	One year	The date of the final decision or order in thecase by a Court competent to determine it finally.
14.	To set aside any act or order of an officer ofGovernment in his official capacity, not herein otherwiseexpressly provided for.	One year	The date of the act or order.
15.	Against Government to set aside any attachment,lease or transfer of immovable property by the revenueauthorities for arrears of Government revenue.	One year	When the attachment, lease or transfer is made.
16.	Against Government to recover money paid underprotest in satisfaction of a claim made by the revenueauthorities on account of demands recoverable as such arrears.	One year	When the payment is made.
17.	Against Government for compensation for landacquired for public purposes.	One year	The date of determining the amount ofcompensation.
18.	Like suit for compensation when the acquisitionis not completed.	One year	The date of the refusal to complete.
19.	For compensation for false imprisonment.	One year	When the imprisonment ends.
20.	By executors, administrators or representativesunder the Legal Representatives Suits Act.	One year	The date of the death of the person wronged.
21.	By executors, administrators or representativesunder the Fatal Accidents Act.	One year	The date of the death of the person killed.
22.	For compensation for any other injury to theperson.	One year	When the injury is committed.
23.	For compensation for a malicious Prosecution.	One year	When the plaintiff is acquitted, or theprosecution is otherwise terminated.
24.	For compensation for libel.	One year	When the libel is published.
25.	For compensation for slander.	One year	When the words are spoken, or, if the words arenot actionable in themselves, when the special damage complainedof results.
26.	For compensation for loss of service occasionedby the seduction of the plaintiffs servant or daughter.	One year	When the loss occurs.
27.	For compensation for inducing a person to breaka contract with the plaintiff.	One year	The date of the breach.
28.	For compensation for an illegal, irregular orexcessive distress.	One year	The date of the distress.
29.	For compensation for wrongful seizure ofmoveable property under legal process.	One year	The date of seizure.
30. [] [Articles 30 and 31 deleted by Act XI of 1979, section 2.]		Deleted
31. [] [Articles 30 and 31 deleted by Act XI of 1979, section 2.]		Deleted
Part V - Two years
32.	Against one who, having a right to use Propertyfor specific purposes perverts it to other purposes.	Two years	When the perversion first becomes known to theperson injured thereby.
33.	Under the Legal Representatives Suits Act,against an executor.	Two years	When the wrong complained of is done.
34.	Under the same Act against an administrator.	Two years	Ditto.
35.	Under the same Act against any otherrepresentative.	Two years	Ditto.
36.	For compensation or any malfeasance, misfeasanceor nonfeasance independent of contract and not herein speciallyprovided for.	Two years	When the malfeasance, misfeasance or nonfeasancetakes place.
Part VI - Three years
37.	For compensation for obstructing a way or awatercourse.	Three years	The date of the obstruction.
38.	For compensation for diverting a watercourse.	Three years	The date of the diversion.
39.	For compensation for tress-pass upon immovableproperty.	Three years	The date of the trespass.
40.	For compensation for infringing copyright or anyother exclusive privilege.	Three years	The date of the infringement.
41.	To restrain waste.	Three years	When the waste begins.
42.	For compensation for injury caused by aninjunction wrongfully obtained.	Three years	When the injunction ceases.
43.	To compel a refund by a person to whom anexecutor or administrator has paid a legacy or distributedassets.	Three years	The date of the payment or distribution.
44.	By a ward who has attained majority, to setaside a transfer of property by his guardian.	Three years	When the ward attains majority.
45.	Omitted.
46.	Omitted.
47.	By any person bound by an order respecting thepossession of immovable property made under the Code of CriminalProcedure, or by any one claiming under such person, to recoverthe property comprised in such order.	Three years	The date of the final order in the case.
48.	For specific movable property lost or acquiredby theft or dishonest misappropriation or conversion, or forcompensation for wrongfully taking or detaining the same.	Three years	When the person having the right to thepossession of the property first learns in whose possession itis.
48-A	To recover movable property conveyed orbequeathed in trust, deposited or pawned and afterwards boughtfrom the trustee, depository or pawnee for a valuableconsideration.	Three years	When the sale becomes known to the plaintiff.
48-B	To set aside sale of movable property comprisedin an Hindu, Mohammedan or Buddhist religious or Charitableendowment, made by a manager thereof for a valuableconsideration.	Three years	When the sale becomes known to the plaintiff.
49.	For other specific movable property or forcompensation for wrongfully detaining the same.	Three years	When the property is wrongfully taken orinjured, or when the detainer's possession becomes unlawful.
50.	For the hire of animals, vehicles, boats, orhouse-hold furniture.	Three years	When the hire becomes payable.
51.	For the balance of money advanced in payment ofgoods to be delivered.	Three years	When the goods ought to be delivered.
52.	For the price of goods sold and delivered whereno fixed period of credit is agreed upon.	Three years	The date of the delivery of the goods.
53.	For the price of goods sold and delivered to bepaid for after the expiry of fixed period of credit.	Three years	When the period of credit expires.
54.	For the price of goods sold and delivered to bepaid for by a bill of exchange, no such bill being given.	Three years	When the period of the proposed bill elapses.
55.	For the price of trees or growing crops sold bythe plaintiff to the defendant where no fixed period of credit isagreed upon.	Three years	The date of the sale.
56.	For the price of work done by the plaintiff forthe defendant at his request, where no time has been fixed forpayment.	Three years	When the work is done.
57.	On a policy of insurance, when the sum assuredis payable immediately after proof of the death or loss has beengiven to or received by the insurers.	Three years	When proof of the death or loss is given to orreceived by the insurer, whether by or from the plaintiff, or anyother person.
58.	By the assured to recover premia paid under apolicy voidable at the election of the insurers.	Three years	When the insurers elect to avoid the policy.
59.	Against a factor for an account.	Three years	When the account is, during the continuance ofthe agency, demanded and refused or, where no such demand ismade, When the agency terminates.
60.	By a principal against his agent for movableproperty received by the latter and not accounted for.	Three years	When the account is, during the continuance ofthe agency, demanded and refused or, where no such demand ismade, when the agency terminates.
61.	Other suits by principals against agents forneglect or misconduct.	Three years	When the neglect or misconduct becomes known tothe plaintiff.
62.	To cancel or set aside an instrument nototherwise provided for.	Three years	When the facts entitling the plaintiff to havethe instrument cancelled or set aside becomes known to him.
63.	To declare the forgery of an instrument issuedor registered.	Three years	When the issue or registration becomes known tothe plaintiff.
64.	To declare the forgery attempted to be enforcedagainst the plaintiff.	Three years	The date of the attempt.
65.	For property which the plaintiff has conveyedwhile insane.	Three years	When the plaintiff is restored to sanity, andhas knowledge of the conveyance.
66.	To set aside a decree obtained by fraud or forother relief on the ground of fraud.	Three years	When the fraud becomes known to the partywronged.
67.	For relief on the ground of mistake.	Three years	When the mistake becomes known to the plaintiff.
68.	For money paid upon an existing considerationwhich afterwards fails.	Three years	The date of the failure.
69.	To make good out of the general estate of adeceased trustee, the loss occasioned by a breach of trust.	Three years	The date of the trustee's death, or, if the losshas not then resulted, the date of the loss.
70.	For contribution by a party who has paid thewhole or more than his share of the amount due under a jointdecree, or by a sharer in a joint estate who has paid the wholeor more than his share or the amount of revenue or rent due fromhimself and his co-sharers.	Three years	The date of the payment in excess of theplaintiffs own share.
71.	By a co-trustee to enforce against the estate ofdeceased trustee a claim for contribution.	Three years	When the right to contribution accrues.
72.	For a boatman's wages.	Three years	The end of the trip during which the wages areearned.
73.	For wages not otherwise expressly provided forby this Schedule.	Three years	When the wages accrue due.
74.	By a Mohammedan for eligible dower (mu ajjal).	Three years	When the dower is demanded and refused or whenmarriage is dissolved by death or divorce.
75.	By a Mohammedan for deferred dower (mu'wajal).	Three years	When the marriage is dissolved by death ordivorce. In the case of divorce pronounced in wife's absence,when she becomes aware of the fact.
76.	By a mortgagor after the mortgage has beensatisfied, recover surplus collections received by the mortgagee.	Three years	When the mortgagor re-enters on the mortgagedproperty.
77.	For an account and a share of the profits of adissolved partnership.	Three years	The date of the dissolution.
78.	By the manager of a joint estate of an undividedfamily for contribution in respect of a payment made be him onaccount of the estate.	Three years	The date of the payment.
79.	By a lessor for the value of trees cut down byhis lessee contrary to the terms of the lease.	Three years	When the trees are cut down.
80.	For the profits of immovable property belongingto the plaintiff which have been wrongfully received by thedefendant.	Three years	When the profits are received.
81.	For arrears of rent, whether accrued by aregistered deed or not.	Three years	When the arrears become due.
82.	By a vendor of immovable property for personalpayment of unpaid purchase money.	Three years	The time fixed for completing the sale, or(where the title is accepted after the time fixed for completion)the date of the acceptance.
83.	For a call by a company registered under law.	Three years	When the call is payable.
84.	For specific perfor-mance of a contract.	Three years	The date fixed for the performance, or if nosuch date is fixed, when the plaintiff has notice thatperformance is refused.
85.	For the rescission of a contract.	Three years	When the facts entitling the plaintiff to havethe contract rescinded first become known to him.
86.	For compensation for the breach of any contract,express or implied, not in writing registered and not hereinspecially provided for.	Three years	When the contract is broken, or (where there aresuccessive breaches), when the breach in respect of which thesuit is instituted occurs, or (where the breach is continuing)when it ceases.
[86-A [Articles 86-A and 86-B inserted by Act XI of 1979, Section 2.]	Against a carrier for compensation for losing orinjuring goods.	Three years	When the loss or injury occurs.
86-B	Against a carrier for compensation fornon--delivery of, or delay in delivering goods.	Three years	When the goods ought to be delivered.]
Part VII - Six years
87.	For money payable for money lent.	Six years	When the loan is made.
88.	Like suit when the lender has given a cheque forthe money.	Six years	When the cheque is paid.
89.	For money lent under an agreement that it shallbe payable on demand.	Six years	When the loan is made.
90.	For money deposited under an agreement that itshall be payable on demand, including money of a customer in thehands of his banker so payable.	Six years	When the demand is made.
91.	For money payable by the plaintiff or money paidfor defendant.	Six years	When the money is paid.
92.	For money payable by the defendant to theplaintiff for money received by the defendant for the plaintiff'suse.	Six years	When the money is received.
93.	For money payable for interest upon money duefrom the defendant to the plaintiff.	Six years	When the interest becomes due.
94.	For money payable to the plaintiff for moneyfound to be due from the defendant to the plaintiff on accountsstated between them.	Six years	When the accounts are stated in writing signedby the defendant or his agent duly authorised in this behalf,unless when the debt is, by a simultaneous agreement in writingsigned as aforesaid, made payable at a future time, and then whenthat time arrives.
95.	For compensation for breach of a promise to doanything at a specified time, or upon the happening of aspecified contingency.	Six years	When the time specified arrives or thecontingency happens.
96.	On a single bond, where a day is specified forpayment.	Six years	The day so specified.
97.	On a single bond, where no such day isspecified.	Six years	The date of executing the bond.
98.	On a bond subject to a condition.	Six years	When the condition is broken.
99.	On a bill of exchange or promissory note payableat a fixed time after date.	Six years	When the bill or note falls due.
100.	On a bill of exchange payable at sight, or aftersight but not at a fixed time.	Six years	When the bill is presented.
101.	On a bill of exchange accepted/payable at aparticular place.	Six years	When the bill is presented at that place.
102.	On a bill of exchange or promissory note payableat a fixed time after sight or after demand.	Six years	When the fixed time expires.
103.	On a bill of exchange or on demand and notaccompanied by any writing restraining or postponing the right tosue.	Six years	The date of the bill or note.
104.	On a promissory note or bond payable byinstalments.	Six years	The expiration of the first term of payment asto the part then payable; and for the other parts the expirationof the respective terms of payment.
105.	On a promissory note or bond payable byinstalments, which provides that if default be made in payment ofone or more instalments, the whole shall be due.	Six years	At the option of the plaintiff, on the defaultof any instalments or when the whole amount falls due.
106.	On a promissory note given by the maker to athird person to be delivered to the payee after a certain eventshould happen.	Six years	The date of the delivery to the payee.
107.	On a dishonoured foreign bill where protest hasbeen made and notice given.	Six years	When the notice is given.
108.	By the payee against the drawer of a bill ofexchange which has been dis-honoured by non-acceptance.	Six years	The date of the refusal to accept.
109.	By the acceptor of an accommodation bill againstthe drawer.	Six years	When the acceptor pays the amount.
110.	Suit on a bill of exchange, promissory note orbond not herein expressly provided for.	Six years	When the bill, note or bond becomes payable.
111.	By a surety against the principal debtor.	Six years	When the surety pays the creditor.
112.	By a surety against a co-surety.	Six years	When the surety pays anything in excess of hisown share.
113.	Upon any other contract to indemnify.	Six years	When the plaintiff is actually indemnified.
114.	By an attorney or vakil for his costs of a suitor a particular business, there being no express agreement as tothe time when such costs are to be paid.	Six years	The date of the termination of the suit orbusiness, or (where the attorney or vakil properly discontinuesthe suit or business) the date of such discontinuance.
115.	For the balance due on a mutual, open andcurrent account, where there have been reciprocal demands betweenthe parties.	Six years	The close of the year in which the last itemadmitted or proved is entered in the account; such year to becomputed as in the account.
116.	Upon a foreign judgment as defined in the Codeof Civil Procedure.	Six years	The date of judgment.
117.	To obtain a declaration that an alleged adoptionis invalid or never in fact took place.	Six years	When the alleged adoption become known to theplaintiff.
118.	To obtain a declaration that an adoption isvalid.	Six years	When the rights of the adopted son as such areinterfered with.
119.	Suit for which no period of limitation isprovided elsewhere in this Schedule.	Six years	When the right to sue accrues.
Part VIII - Twelve years
120.	For compensation for the breach of a contract inwriting registered.	Twelve years	When the period of limitation would begin to runagainst a suit brought on a similar contract not registered.
121.	To avoid encumbrances or under-tenures in anentire estate sold for arrears of Government revenue or in othersaleable tenure sold for arrears of rent.	Twelve years	When the sale becomes final and conclusive.
122.	Upon a judgment obtained in the State or arecognizance.	Twelve years	The date of the judgment or recognizance.
123.	For a legacy or for a share of residuebequeathed by a testator, or for a distributive share of theproperty of an intestate.	Twelve years	When the legacy or share becomes payable ordeliverable.
124.	For possession of an hereditary office.	Twelve years	When the defendant takes possession of theoffice adversely to the plaintiff.EXPLANATION:-Anhereditary office is possessed when the profits thereof areusually received or (if there are no profits) when the dutiesthereof are usually performed.
125.	Suit during the life of a Hindu or Mohammedanfemale by a Hindu or Mohammedan who, if the female died at thedate of instituting the suit would be entitled to the possessionof land to have an alienation of such land made by the femaledeclared to be void except for her life or until her remarriage.	Twelve years	The date of the alienation.
126.	By a Hindu governed by the law of the Mitaksharato set aside his father's alienation of ancestral property.	Twelve years	When the alienee takes possession of theproperty.
127.	By a person excluded from joint family propertyto enforce a right to share therein.	Twelve years	When the exclusion becomes known to theplaintiff.
128.	By a Hindu for arrears of maintenance.	Twelve years	When the arrears are payable.
129.	By a Hindu for a declaration of his right tomaintenance.	Twelve years	When the right is denied.
130.	For the resumption or assessment of rent freeland.	Twelve years	When the right to resume or assess the landfirst accrues.
131.	To establish periodically recurring right.	Twelve years	When the plaintiff is first refused theenjoyment of the right.
132.	Money charged upon immovable property includinga suit for enforcement of a simple mortgage.EXPLANATION.-For the purpose of this article-(a) the allowance andfees respectively called malkana and haqs; and(b) the valueof any agricultural or other produce the right to receive whichis secured by a charge upon immovable property,shall bedeemed to be money charged upon immovable property.	Twelve years	When the money sued for becomesdue.EXPLANATION:-When the money sued for becomes dueon the breach of any of the terms of the contract or when thestipulated period expires, the limitation will begin to run atthe option of the plaintiff from either of the dates.
133.	Omitted.
134.	To recover possession of immovable propertyconveyed or bequeathed in trust or mortgaged and afterwardstransferred by the trustee or mortgagee for a valuableconsideration.	Twelve years	When the transfer becomes known to theplaintiff.
134-A	To set aside a transfer of immovable propertycomprised in a Hindu, Mohammedan or Buddhist religious orcharitable endowment made by a manager thereof for a valuableconsideration.	Twelve years	When the transfer becomes known to theplaintiff.
134-B	By a manger of Hindu, Mohammedan or Buddhistreligious or charitable endowment to recover possession ofimmovable property comprised in the endowment which has beentransferred by a previous manager for a valuable consideration.	Twelve years	The death, resignation or removal of thetransferor.
134-C	By the manager of a Hindu, Mohammedan orBuddhist religious or charitable endowment to recover possessionof movable property comprised in the endowment which has beensold by a previous manager for a valuable consideration.	Twelve years	The death, resignation or removal of the seller.
135.	Suit instituted by a mortgagee for possession ofimmovable property mortgaged.	Twelve years	When the mortgagor's right to possessiondetermines.
136.	By a purchaser at a private sale for possessionof immovable property sold when the vendor was out of possessionat the date of the sale.	Twelve years	When the vendor is first entitled to possession.
137.	Like suit by a purchaser at the sale inexecution of a decree, when the judgment-debtor was out ofpossession at the date of the sale.	Twelve years	When the judgment debtor is first entitled topossession.
138.	Like suit by a purchaser at a sale in executionof a decree, when the judgment-debtor was in possession at thedate of the sale.	Twelve years	The date when the sale becomes absolute.
139.	By a landlord to recover possession from atenant.	Twelve years	When the tenancy is determined.
140.	By a remainder-man, a reversioner (other than alandlord) or a devisee, for possession of immovable property.	Twelve years	When his estate falls into possession.
141.	Like suit by a Hindu or Mohammedan entitled tothe possession of immovable property on the death of a Hindu orMohammedan female.	Twelve years	When the female dies.
142.	For possession of immovable property when theplaintiff, while in possession of the property, has beendispossessed or has discontinued the possession.	Twelve years	The date of the dispossession or discontinuance.
143.	Like suit, when the plaintiff has becomeentitled by reason of any forfeiture or breach of condition.	Twelve years	When the forfeiture is incurred or the conditionis broken.
144.	For possession of immovable property or anyinterest therein not hereby otherwise specially provided for.	Twelve years	When the possession of the defendant becomesadverse to the plaintiff.
Part IX - Thirty years
145.	Against a depository or pawnee to recovermovable property deposited or pawned.	Thirty years	The date of the deposit or pawn.
146.	Omitted.
146-A	By or on behalf of any local authority forpossession of any public street or road or any part thereof fromwhich it has been dispossessed or of which it has discontinuedthe possession.	Thirty years	The date of the dispossession or discontinuance.
147.	By a mortgagee for foreclosure.	Thirty years	When the money accrued by the mortgagee becomesdue.
Part X - Sixty years
148.	Against a mortgagee to redeem or to recoverpossession of immovable property mortgaged.	Sixty Years	When the right to redeem or recover possessionaccrues.
149.	Any suit by or on behalf of the State	Sixty Years	When the period of limitation would begin to rununder this Act against a like suit by a private person.
149-A	Any suit by or on behalf of the Government ofIndia, the Government of any other State in India or theGovernment of any Union territory.	Sixty Years	When the period of limitation would begin to rununder this Act against a like suit by private person.
Second Division - Appeals
150.	Under the Code of Criminal Procedure from asentence of death or of life imprisonment passed by a Court ofSessions.	Fourteen days	The date of the sentence.
150-A.	Omitted.
151.	Omitted.
151-A.	Under the Code of Civil Procedure, to aSubordinate judge.	Sixty days	The date of the decree or the order appealedfrom.
151-B.	Under the Code of Criminal Procedure, to anyCourt other than the High Court and the Sessions Court.	Sixty days	The date of the sentence or order appealed from.
152.	Under the Code of Civil Procedure to the Courtof District Judge.	Ninety days	The date of the decree or order appealed from.
153.	Omitted.
154.	Under the Code of Criminal Procedure to anyCourt other than the High Court.	Ninety days	The date of the sentence or of order appealedfrom.
155.	Under the Code of Criminal Procedure to HighCourt except in the case provided for by Article 150 and Article157.	Ninety days	The date of sentence or order appealed from.
156.	Under the Code of Civil Procedure to the HighCourt.	Ninety days	The date of the decree or order appealed from.
156-A.	From a decree or order of the High Court ofJudicature in the exercise of its original jurisdiction.	Ninety days	The date of the decree or order appealedfrom.Explanation:-When the High Court is sitting inone Province on the last day of the period of limitation for anappeal from a decision of a Court in another province or from adecision delivered by the High Court while sitting in anotherprovince, the period of limitation for an appeal shall be doublethe period mentioned in the 2nd column of this Schedule oppositeArticles 156, 156-A.
157.	Under the Code of Criminal Procedure from anorder of acquittal.	[Three months] [Substituted by Act XII of 1956 for Six months]	The date of the order appealed from.
157-A	An appeal from a sentence, decree or order ofany Court or Revenue office situate within the District of Ladakhor Gilgit to a Court situate beyond the said Districts.	One hundred and eighty days	The date of the sentence, decree or orderappealed from.
Third Division - Applications
158. [ [Article 158 substituted by Act II of Samvat 2002.]	Under the Jammu and Kashmir Arbitration Act, toset aside an award or to get an award remitted forreconsideration.	Thirty days	The date of service of the notice of filing ofthe award.]
159.	For leave to appear and defend a suit underOrder XXXVII of the Code of Civil Procedure.	Thirty days	When the summons is served.
160.	For an order under the same Code to restore tothe file an application for review rejected in consequence of thefailure of the applicant to appear when the application wascalled on for hearing.	Thirty days	When the application for review is rejected.
161.	For review of judgment by Court of Small Causesor by Court invested with jurisdiction of Court of Small Causeswhen exercising that jurisdiction.	Thirty days	The date of the decree or order.
162.	For a review of judgment by the High Court ofJudicature in the exercise of its original jurisdiction.	Thirty days	The date of the decree or order.
163.	By a plaintiff, for an order to set aside adismissal for default of appearance or for failure to pay costsof service of process or to furnish security for costs.	Thirty days	The date of the dismissal.
164.	By a defendant, for an order to set aside adecree passed ex-parte.	Thirty days	The date of decree or, where the summons was notduly served, when applicant has knowledge of the decree.
165.	Under the Code of Civil Procedure, by a persondispossessed of immovable property and disputing the right of thedecree-holder or purchaser at a sale in execution of a decree tobe put into possession.	Thirty days	The date of the dispossession.
166.	Under the same Code to Thirty days, set aside asale in execution of a decree including any such application by aJudgment-debtor.	Thirty days	The date of the sale.
167.	Complaining of resistance or obstruction todelivery of possession of immovable property decreed or sold inexecution of a decree.	Thirty days	The date of the resistance or obstruction.
168.	For the readmission of an appeal dismissed forwant of prosecution.	Thirty days	The date of dismissal.
169.	The re-hearing of an appeal heard ex-parte.	Thirty days	The date of the decree in appeal, or, wherenotice of the appeal was not duly served, when applicant hasknowledge of the decree.
170.	For leave to appeal as a pauper.	Sixty days	The date of the decree appealed from.
171.	Under the Code Civil Procedure, for an order toset aside an abatement.	Sixty days	The date of the abatement.
172.	Under the same Code by the assignee or thereceiver of an insolvent plaintiff or appellant for an order toset aside the dismissal of a suit or an appeal.	Sixty days	The date of the decree of dismissal.
173.	For a review of Judgment except in the casesprovided for by[Articles 161 and 162] [Substituted by Act XVI of Samvat 2000 for 'Articles 161, 162 and 173-A'].	Ninety days	The date of the decree or order.
174.	For the issue of a notice under the same Code,to show cause why any payment made out of Court of any moneypayable under decree or any adjustment of the decree should notbe recorded as certified.	Ninety days	When the payment or adjustment is made.
175.	For payment of the amount of a decree ininstalments.	Six months	The date of the decree.
176.	Under the same Code, to have the legalrepresentative of a deceased plaintiff or of a deceased appellantmade a party.	Six months	The date of the death of the deceased plaintiffor appellant.
177.	Under the same Code, to have the legalrepresentative of a deceased defendant or of a deceasedrespondent made a party.	Six months	The date of the death of the deceased defendantor respondent.
178. [ [Article 178 substituted by Act II of Samvat 2002.]	Under the Jammu and Kashmir Arbitration Act, forthe filing in Court of an award.	Ninety days	The date of service of the making of an award.]
179. [ [Article 179 inserted by Act XXV of Samvat 2011]	By a person desiring to appeal under the Code ofCivil Procedure 1977, to the Supreme Court for leave to appeal.	Ninety days	The date of the decree appealed from.]
180.	By a purchaser of immovable property at a salein execution of a decree for delivery of possession.	Three years	When the sale becomes absolute.
181.	Applications for which no period of limitationis provided elsewhere in this Schedule or by section 48 of theCode of Civil Procedure.	Three years	When the right to appeal accrues.
181-A	An application of the nature mentioned inArticles 158, 160, 168, 169, 170, 171, 172, 173, 176 and 177 inappeals arising out of suits decided by any court situate withinthe District of Ladakh or Gilgit, when made to a Court of appealsituate outside those Districts.	Double the period of limitation prescribed underthis Division.	As prescribed in 3rd column opposite theArticles referred to.
182.	For the execution of a decree or order of anyCivil Court not provided for[by Article 183 or] [Inserted by Act XXV of Samvat 2011]by section 48of the Code of Civil Procedure.	Three years, or, where a certified copy of thedecree or order has been registered, six years.	1. The date of the decree or order, or2.(where there has been an appeal) the date of the final decree ororder of the Appellate Court, or the withdrawal of the appeal, or3. (where there has been a review of judgment) the date ofthe decision passed on the review, or4. (where the decreehas been amended) the date of amendment, or5. (where theapplication next hereinafter mentioned has been made) the date ofthe final order passed on application made in accordance with lawto the proper Court for execution or to take some step in aid ofthe execution of the decree or order, or6. (in respect ofany amount, recovered by execution of the decree or order, whichthe decree-holder has been directed to refund by a decree passedin a suit for such refund) the date of such last mentioneddecree, or in the case of an appeal therefrom, the date of thefinal decree of the Appellate Court or of the withdrawal of theappeal, or7. (where the application is to enforce anypayment which the decree or order directs to be made at a certaindate) such date.EXPLANATION I:-Where the decree ororder has been passed severally in favour of more persons thanone, distinguishing portions of the subject-matter as payable ordeliverable to each, the application mentioned in clause 5 ofthis Article shall take effect in favour only of such of the saidpersons or their representatives as it may be made by. But wherethe decree or order has been passed jointly in favour of morepersons than one, such application, if made by any one or more ofthem, or by his or their representatives shall take effect infavour of them all.Where the decree or order has been passedseverally against more persons than one, distinguishing portionsof the subject matter as payable or deliverable by each, theapplication shall take effect against only such of the saidpersons or their representatives as it may be made against. But,where the decree or order has been passed jointly against morepersons than one, the application, if made against any one ormore of them or against his or their representatives, shall takeeffect against them all.EXPLANATION II:-"ProperCourt" means the Court whose duty it is to execute thedecree or order.[Exception: - [Exception added by Act XXVII of 1961.]In applications forexecution of a decree against any evacuee, whether passed singlyagainst him or jointly with a person other than an evacuee, theperiod from 6th Poh, 2005 to 21st Bhadun, 2006 and the timeduring which the Jammu and Kashmir Evacuees' (Administration ofProperty) Act, Svt. 2006 remains in force shall be excluded fromthe period of twelve years prescribed in this section.]
183. [ [Article 183 inserted by Act XXV of Samvat 2011.]	To enforce a judgment, decree or order of theSupreme Court.	Twelve years	When a present right to enforce the judgment,decree or order accrues to some person capable of releasing theright:Provided that, when the judgment, decree or order hasbeen revived, or some part of the principal money securedthereby, or some interest on such money has been paid, or someacknowledgement of the right thereto has been given in writingsigned by the person liable to pay such principal or interest orhis agent, to the person, entitled thereto or his agent, thetwelve years shall be computed from the date of such revivor,payment or acknowledgement or the latest of such revivors,payments or acknowledgements, as the case may be.]

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State of Jammu-Kashmir - Act