My Legal Advisor, Lawyers india, free legal advice

Blog

PART II – Suits relating to Contracts

PART II – Suits relating to Contracts

PART II – Suits relating to Contracts

 SL. NO.

DESCRIPTION OF SUIT

PERIOD OF LIMITATION

TIME FROM WHICH PERIOD BEGINS TO RUN

6.

For a seaman’s wages

Three years

The end of the voyage during which the wages are earned.

7.

For wages in the case of any other person.

Three years

When the wages accrue due.

8.

For the price of food or drink sold by the keeper of a hotel, tavern or lodging house.

Three years

When the food or drink is delivered

9.

For the price of lodging

Three years

When the price becomes payable .

10.

Against a carrier for compensation for non-delivery of or delay in delivering goods.

Three years

When the loss or injury occurs.

11.

Against a carrier for compensation for losing or injuring goods.

Three years

When the goods ought to be delivered.

12.

For the hire of animals, vehicles, boats or household furniture.

Three years

When the hire becomes payable.

13.

For the balance of money advance in payment of goods to be delivered.

Three years

When the goods ought to be delivered.

14.

For the price of goods sold and delivered when no fixed period of credit is agreed upon.

Three years

The date of delivery of the goods.

15.

For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit.

Three years

When the period of credit expires.

16.

For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given.

Three years

When the period of the proposed bill elapses.

17.

For the price of trees or growing crops sold by the plaintiff to the defendant where not fixed period of credit is agreed upon.

Three years

The date of the sale.

18.

For the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment.

Three years

When the work is done.

19.

For money payable for money lent.

Three years

When the loan is made.

20.

Like suit when the lender has given a cheque for the money.

Three years

When the cheque is paid.

21.

For money lent under an agreement that it shall be payable on demand.

Three years

When the loan is made.

22.

For money deposited under an agreement that it shall be payable on demanded, including money of a customer in the hands of his banker so payable.

Three years

When the demand is made.

23.

For money payable by the defendant to he plaintiff for money received by the defendant, for the plaintiff’s use.

Three years

When the money is paid.

24.

For money payable to the plaintiff for money paid for the defendant.

Three years

When the money is received.

25.

For money payable for interest upon money due from the defendant to the plaintiff.

Three years

When the interest becomes due.

26.

For money payable to the plaintiff for money found to be due from the fedendant to the plaintiff on accounts stated between them

Three years

When the accounts are stated in writing signed by the defendant or his agent duly Authorised in this behalf, unless where the debt is, by a simultaneous agreement in writing signed as aforesaid made payment at a future time, and then when that time arrives.

27.

For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency.

Three years

When the time specified arrives or the contingency happens.

28.

On a single bond where a day is specified for payment

Three years

The day so specified.

29.

On a single bond, where no such day is specified.

Three years

The date of executing the bond.

30.

On a bond subject to a condition

Three years

When the condition is broken.

31.

On a bill of exchange or promissory-note payable at a fixed time after date.

Three years

When the bill or note falls due.

32.

On a bill of exchange payable at sight, or after sight but not at a fixed time.

Three years

When the bill is presented.

33.

On a bill of exchange accepted payable at a particular place.

Three years

When the bill is presented at that place.

34.

On a bill of exchange or promissory-note payable at a fixed time after sight or after demand.

Three years

When the fixed time expires.

35.

On a bill of exchange or promissory note payable on demand and not accompanied by any writing restraining or postponing the right to sue.

Three years

The date of the bill or note.

36.

On a promissory-note or bond payable by installments.

Three years

The expiration of the first term of payment as to the part then payable; and for the other parts, the expiration of the respective terms of payment.

37.

On a promissory-note or bond payable by installments which provides that, if default be made in payment of one or more installments, the whole shall be due.

Three years

When the default is made unless where the payee or obligee waives the benefit of the provision and then when fresh default is made in respect of which there is no such waiver.

38.

On a promissory-note given by the maker to a third person to be delivered to the payee after a certain event should happen.

Three years

The date of the delivery to the payee.

39.

On a dishonored foreign bill where protest have been made and notice given.

Three years

When the notice is given.

40.

By the payee against the drawer of a bill of exchange, which has been dishonored by non-acceptance.

Three years

The date of refusal to accept.

41.

By the acceptor of an accommodation-bill against the drawer.

Three years

When the acceptor pays.

42.

By a surety against the principal debtor.

Three years

When the surety pays the creditor.

43.

By a survey against a crusty.

Three years

When the surety pays anything in excess of his own share.

44.

(a)

On a policy of insurance when the sum insured is payable after proof of the death has been given to or received by the insurers.

Three years

The date of the death of the deceased, or where the claim on the policy is denied, either partly or wholly, the date of such denial.

44. (b)

On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers.

Three years

The date of the occurrence causing the loss, or where the claim on the policy is denied either partly or wholly, the date of such denial.

45.

By the assured to recover preemie paid under a policy violable at the election of the insurers.

Three years

When the insurers elect to avoid the policy.

46.

Under the Indian Succession Act,1925 (39 of 1925), section 360 of Sec. 361, to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets.

Three years

The date of the payment or distribution.

47.

For money paid upon on existing consideration which afterwards fails.

Three years

The date of failure.

48.

For contribution by a party who has paid the whole or more then his share of the amount due under a joined decree, or by a sharer in a joint estate who has paid the whole or more than his share of the amount of revenue due from himself and his co-sharers.

Three years

The date of the payment in excess of the plaintiff’s own share.

49.

By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution.

Three years

When the right to contribution accrues.

50.

By the manager of joint estate of an undivided family for contribution, in respect of payment made by him on account of the estate.

Three years

The date of the payment.

51.

For the profits of immovable property belonging to the plaintiff which have been wrongfully received by the defendant.

Three years

When the profits are received.

52.

For arrears of rent.

Three years

When the arrears become due.

53.

By a vendor of immovable property for personal payment of up-paid 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.

54.

For specific performance of a contract.

Three years

The date of fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused.

55.

For compensation for the breach of any contract, express or implied, not herein specially provided for.

Three years

When the contract is broken or (where there are successive breaches) when the breach in respect of which the suit is instituted occurs or (where the breach is continuing) when it ceases.

Share

About Author

Mridul Rajvanshy

Mridul Rajvanshy

Related Articles

1 Comment

  1. dental schooling
    dental schooling January 04, 01:19

    It’s awesome to pay a quick visit this web page and reading the views of all friends regarding this paragraph, while I am also eager
    of getting familiarity.

    Reply to this comment

Write a Comment