On this page
The short answer
This limitation period chart shows that most civil suits for money, contracts, declarations and cancellation of deeds must be filed within three years, suits for possession of land within twelve years, and defamation suits within one year under the Limitation Act, 1963. Civil appeals to the High Court have 90 days, and a decree can be executed within 12 years. Special laws such as the NI Act, the Consumer Protection Act and the labour codes set their own limits.
This limitation period chart sets out the time limits most people in Odisha meet when they want to file a case: civil suits, appeals, execution, cheque bounce, consumer complaints, accident claims and labour claims. A case filed after its limitation period is ordinarily dismissed, and under Section 3 of the Limitation Act, 1963 the court must do this on its own, even if the other side never raises the point. Use the chart to see whether you are close to a deadline, then check the exact starting date for your facts.
How limitation works in India
- The Schedule decides the period. The Limitation Act has 137 "Articles" in its Schedule. Each Article names a kind of suit, appeal or application, the period, and the moment from which time starts to run. Where no Article fits, a residuary Article applies (Article 113 for suits, Article 137 for applications: three years).
- Special laws have their own periods. The Negotiable Instruments Act, the Consumer Protection Act, the Motor Vehicles Act, the labour codes and many others fix their own deadlines, and those apply in place of the Schedule.
- Delay in suits cannot be condoned. Section 5 (condonation of delay for "sufficient cause") applies to appeals and applications, not to suits. A late suit is lost unless an exclusion or extension applies.
- Some time is excluded. The day from which the period runs is left out, and so is the time spent obtaining a certified copy of the judgment for an appeal (Section 12). Time spent in good faith in a court without jurisdiction can be excluded (Section 14).
- Acknowledgment and part-payment restart time. A signed written acknowledgment of a debt (Section 18), or a part-payment shown in the payer's handwriting or writing (Section 19), made before the period expires, starts a fresh period.
- Disability. If the person entitled to sue was a minor or of unsound mind when time began, Section 6 gives extra time after the disability ends.
Limitation for a civil suit: the common periods
| Suit | Period | Time runs from | Article |
|---|---|---|---|
| Money lent, price of goods, work done | 3 years | Loan, delivery or completion (see money recovery suits) | 14, 18, 19 and others in Part II |
| Compensation for breach of contract | 3 years | When the contract is broken | 55 |
| Specific performance of an agreement (for example, agreement for sale) | 3 years | Date fixed for performance; if none, when the plaintiff learns performance is refused | 54 |
| Declaration that a document is forged | 3 years | When the plaintiff learns of its issue or registration | 56 |
| Any other declaration | 3 years | When the right to sue first accrues | 58 |
| Cancel or set aside a deed or decree | 3 years | When the plaintiff first learns the facts entitling him to cancellation | 59 |
| Possession of land based on title | 12 years | When the defendant's possession becomes adverse | 65 |
| Possession based on earlier possession (dispossessed) | 12 years | Date of dispossession | 64 |
| Landlord against tenant for possession | 12 years | When the tenancy ends | 67 |
| Share in joint family property, by a person excluded | 12 years | When the exclusion becomes known | 110 |
| Mortgagor's suit to redeem | 30 years | When the right to redeem accrues | 61(a) |
| Defamation (libel or slander) | 1 year | Publication, or words spoken | 75, 76 |
| Malicious prosecution | 1 year | Acquittal or end of the prosecution | 74 |
| Compensation for trespass on land | 3 years | Date of the trespass | 87 |
| Any suit not provided for elsewhere (including many injunction suits) | 3 years | When the right to sue accrues | 113 |
Land suits in Odisha often turn on Articles 64, 65 and 110, which is why adverse possession and partition claims depend so much on dates of possession and exclusion. For filing steps, see the civil suit process in Odisha.
Limitation for appeal, review, revision and execution
| Step | Period | Article |
|---|---|---|
| Civil appeal to the Orissa High Court from a decree or order | 90 days | 116(a) |
| Civil appeal to the District Court or any other court | 30 days | 116(b) |
| Appeal within the High Court from its own decree or order | 30 days | 117 |
| Set aside an ex parte decree | 30 days from the decree (or from knowledge, if summons was not duly served) | 123 |
| Review of judgment (courts other than the Supreme Court) | 30 days | 124 |
| Restore a suit or appeal dismissed for default | 30 days | 122 |
| Bring legal representatives on record after a party's death | 90 days from death | 120 |
| Set aside abatement | 60 days from abatement | 121 |
| Revision (civil or criminal) | 90 days | 131 |
| Special leave petition to the Supreme Court (ordinary cases) | 90 days | 133(c) |
| Execute a decree (other than a mandatory injunction) | 12 years from when it becomes enforceable | 136 |
| Enforce a mandatory injunction decree | 3 years | 135 |
A perpetual injunction decree can be enforced at any time (proviso to Article 136). Writ petitions in the Orissa High Court have no fixed period, but unexplained delay can defeat them; see writ petitions.
Criminal cases: appeals and cognizance
| Step | Period | Provision |
|---|---|---|
| Appeal against conviction to the High Court | 60 days | Article 115(b)(i) |
| Appeal against conviction to the Sessions Court | 30 days | Article 115(b)(ii) |
| Appeal against a death sentence | 30 days | Article 115(a) |
| State's appeal against acquittal | 90 days | Article 114(a) |
| Cognizance of an offence punishable with fine only | 6 months | Section 514 BNSS (earlier 468 CrPC) |
| Cognizance: imprisonment up to 1 year | 1 year | Section 514 BNSS |
| Cognizance: imprisonment over 1 year and up to 3 years | 3 years | Section 514 BNSS |
Offences punishable with more than three years' imprisonment have no limitation for cognizance. The Schedule still uses the old Code's references for criminal appeals; courts apply them to appeals under the BNSS. FIRs can be registered at any time, but delay has to be explained; see filing an FIR in Odisha.
Time limits under special laws
| Matter | Time limit | Provision |
|---|---|---|
| Cheque bounce: demand notice | 30 days from the bank's return memo | Section 138(b), NI Act |
| Cheque bounce: complaint | 1 month after the 15-day payment period ends | Section 142(1)(b), NI Act |
| Consumer complaint | 2 years from the cause of action | Section 69, Consumer Protection Act, 2019 |
| Consumer appeal to the State Commission | 45 days | Section 41 |
| Motor accident claim (MACT) | 6 months from the accident | Section 166(3), Motor Vehicles Act |
| Employee's compensation claim for workplace injury | 2 years from the accident or death (check the current position) | Section 82, Code on Social Security, 2020 |
| Gratuity: appeal against the competent authority's order | 60 days (extendable by 60) | Section 56, Code on Social Security |
| Unpaid wages claim | 3 years | Section 45, Code on Wages, 2019 |
| RTI first appeal / second appeal | 30 days / 90 days | Sections 19(1), 19(3), RTI Act |
Most of these laws allow late filing for sufficient cause, but only if a reasoned application for condonation is filed with the case. The MACT period was added by the 2019 amendment; check the current position with the Tribunal if an accident claim is late. Details are in the guides on cheque bounce, consumer complaints and RTI in Odisha.
How to use this limitation period chart
- Identify what you want: a suit, an appeal, an application, or a complaint under a special law.
- Find the starting point for your facts, which may be knowledge of a fact rather than the date of the event.
- Add any excluded time, such as the period for obtaining a certified copy.
- If the date has passed, consider whether an acknowledgment, part-payment or exclusion applies, or whether a condonation application is possible.
The chart is a summary. Read the Article itself on India Code before relying on it, because the starting point often decides the case. If you cannot afford a lawyer, see free legal aid in Odisha; information on work handled is under civil litigation, and the court system is described under courts.
Odia terms used in this guide
| Odia | Transliteration | Meaning |
|---|---|---|
| ମକଦ୍ଦମା | mokaddama | case, lawsuit |
| ଆପିଲ | apila | appeal |
Frequently asked questions
What is the limitation for a civil suit for recovery of money?
Three years in most cases, counted from when the loan was made, the goods were delivered or the work was done, depending on the Article. A signed acknowledgment or part-payment before expiry starts a fresh three years.
What is the time limit to file an appeal against a civil court judgment?
Thirty days for an appeal to the District Court and 90 days for an appeal to the Orissa High Court, from the date of the decree. Time taken to obtain the certified copy is excluded.
Can the court condone delay in filing a suit?
No. Section 5 of the Limitation Act applies to appeals and applications, not to suits. A late suit survives only if an exclusion, acknowledgment, part-payment or disability provision applies.
How long does a decree remain valid for execution?
An execution application must generally be filed within 12 years from when the decree became enforceable (Article 136). A perpetual injunction decree can be enforced at any time.
Is there a time limit to file an FIR or criminal complaint?
There is no limit for registering an FIR, but under Section 514 BNSS a court cannot take cognizance after six months, one year or three years for offences punishable with fine only, up to one year, or up to three years respectively. Serious offences have no limit.
What is the time limit to file a consumer complaint?
Two years from the date the cause of action arose, under Section 69 of the Consumer Protection Act, 2019. Later complaints need an application showing sufficient cause.
Official sources
- Limitation Act, 1963 and other central Acts (India Code)
- Limitation Act, Schedule, Division II: Appeals (text)
- Limitation Act, Schedule, Division III: Applications (text)
- Limitation Act, Schedule, Part V: Immovable property (text)
- Code on Social Security, 2020 (India Code PDF)
- Orissa High Court (official website)
General information, not legal advice. Every matter turns on its own facts and documents, and the law and official procedures change. Check the current position with the concerned office, or take advice on your own facts, before acting.