The author of this piece is Masoom Reza (LL.M. Batch of 2023). The illustration is by Nidhi Agrawal (B.A., LL.B. (Hons.) Batch of 2026).
This poem is not 100% legally sound, however, it can be useful for people (especially law students and judiciary aspirants) to go through the Limitation Act and easily memorise its sections. Let’s begin this fun!
Before diving into legalities and facts,
Just have a quick glance at the Limitation Act;
Principally, it bars the remedy and not a right,
So look at the mentioned period before a legal fight.
As we do not require the outdated 1908 Act anymore,
Finally, the new Limitation Act was enforced in 1964.
Section 1 tells us about the name and initiation,
The Act extends over India’s entire horizon.
Let’s flick through the next section,
It enlists the following 14 definitions:
When the APPLICANT makes an APPLICATION
In EXCHANGE receives a BOND by a DEFENDANT;
One may EASILY live in a FOREIGN COUNTRY with GOOD FAITH and attention
If not the PLAINTIFF may take action within the PERIOD OF LIMITATION;
Check the significance of the PROMISSORY NOTE in a SUIT for forgery
And can a TORT be committed against a TRUSTEE?
Section 3 specifies, inter alia, the date of the institution,
Considering exceptions/exclusions, there’s a fixed bar on limitation.
On the last day, you rush and bang on the closed court door,
Then wait for its reopening and take recourse to Section 4.
Invoke Section 5 if it got delayed because it was stuck in regular chaos,
The court may excuse, just show ‘sufficient cause’.
Remember Sections Six, Seven and Eight,
Types and implications of legal disability, they state;
If you’re delayed owing to legal disability,
Section 6 will then provide time flexibility;
Disability of one of several persons is the title of Section Seven,
The test is the competence to give discharge without the concurrence of other persons;
In suits for pre-emption, don’t wait till it’s too late,
Because very little time is allowed by Section 8.
We all know, time stops for no one,
That’s the essence of the Ninth Section.
The provisions relating to trustees and representatives are mentioned under 10,
Time will generally not run against them.
At the 11th hour, you enter into a contract outside Indian Territory,
But keep in mind, this Act is lex fori.
Sections 12 to 24 are all about exclusions,
While determining limitation, take them into consideration.
12 excludes the time spent in legal proceedings/ requirements;
13 addresses the plights of indigents.
You set off on time but took the wrong direction,
Do turn, though 14 degrees, to mend the error of jurisdiction.
Age of 15, big plans, lots of fun,
Let’s learn the intricacies of injunction, liquidation, receiver and so on.
When a person dies before the accrual of the right to sue,
Then, 16 will tell you what to do.
17 talks about the effect of fraud or mistake,
Here the period may be relaxed, for goodness sake.
The next section provides the effect of written acknowledgment,
It activates a fresh period of limitation.
19 contains the consequence of payment because of debt or interest on legacy;
And 20 delineates the outcome of acknowledgment or payment by another party.
21 allows inducting new faces,
Substitution of plaintiff/defendant in ongoing cases.
OMG, you are now in a Catch-22 situation,
So the continuing breaches keep refreshing your cause of action.
Take a brief look at Section Twenty Three,
Suits for compensation for acts not actionable without special injury.
Yeah, each day comprises 24 hours,
The Act follows the Gregorian calendar.
Section 25 allows you to enjoy light, air and water,
2 decades of peaceable control may make you the owner.
If any issue arises in the enjoyment of such easement,
26 will favour the reversioner of servient tenement.
Section 27 comes down heavily on laxity,
As it causes extinguishment of the right to property.
The miscellaneous terms are mentioned under Section Twenty Nine,
It contains a few saving guidelines.
If the newly prescribed period is shorter than the period mentioned under the previous Act,
Nothing to worry about, Section 30 is there to contact.
31 reminds us, no double benefit, no time extension,
As per previous law, if you have already exhausted your period of limitation.
The Act concludes with a giant schedule,
That enlists 137 Articles.
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