Leading Cases on the Law of Limitation

The Limitation Act is short, but its meaning has been shaped by a large body of Supreme Court decisions. This digest gathers the most important of them from across the series, grouped by theme, with the principle each stands for and the topic where it is discussed in detail. Use it for final revision and for quick citation in answers.

1. Nature, Scope and the Bar

Figure 1: Foundations (Topics 1, 3, 23)

• Using these cases. Bombay Dyeing and PNB support the remedy-not-right principle; Sakuru and Kunhaliumma define where the Act and Article 137 apply; Kamlesh Babu and Popat Bahiru Govardhane show the strictness of s.3.

2. Condonation and Sufficient Cause

Figure 2: Section 5 (Topics 5, 6)

• The arc of the case law. From Ramlal's discretion, through Katiji's liberality and Living Media's insistence on equal treatment of the State, to Pathapati's synthesis: liberal construction of s.5, but never at the cost of the statute.
• Advocate's default. Rafiq v Munshilal (1981): a diligent party should not suffer for his advocate's default (Topic 6)

3. Exclusion, Acknowledgment and Continuing Wrongs

Figure 3: Sections 4, 14, 18 and 22 (Topics 4, 11, 15, 19)

• Other key cases. Udayan Chinubhai (1977) on time taken to prepare a decree (s.12); M.P. Steel (2015) on the principle of s.14 before quasi-judicial bodies; Laxmi Pat Surana (2021) on s.18 in insolvency; Samruddhi (2022) on a continuing wrong in consumer law.

4. Property, Special Laws and Criminal Limitation

Figure 4: Sections 27 and 29, the IBC and the BNSS (Topics 22, 24 to 26)

• Other key cases. Arif Azim (2024) on s.11 arbitration applications; Vedanta (2020) on enforcing foreign awards; Murugan v Kesava Gounder (2019) on Article 60; Prem Singh v Birbal (2006) on void and voidable instruments; Khatri Hotels (2011) on 'first accrues'; S. Kasi (2020) on the Covid orders and default bail.

5. Frequently Asked Questions

Which case best summarises the law on condonation of delay?

Pathapati Subba Reddy v Special Deputy Collector (2024), which drew together earlier decisions: limitation rests on public policy, s.3 is construed strictly and s.5 liberally, a liberal approach cannot defeat the statute, condonation may be refused for inordinate delay or negligence, relief to others gives no parity, merits are irrelevant, and costs cannot replace sufficient cause.

Which case allows adverse possession to be used to file a suit?

Ravinder Kaur Grewal v Manjit Kaur (2019), in which a three-judge bench held that a person who has perfected title by adverse possession may sue to protect it, overruling Gurdwara Sahib v Gram Panchayat Sirthala (2014).

6. Related Topics

• Topic 32: Comparative Revision Chart. The provisions side by side.
• Topic 1: Nature, Object and Scheme of the Act. The start of the series.