Computation of the Period of Limitation

The Limitation Act, 1963 prescribes the time period within which a legal action can be filed. The limitation period is calculated from the date on which the cause of action arises. However, there are a few exceptions to this rule. For example, the limitation period for filing a claim for personal injury is calculated from the date on which the injury is discovered, or should have been discovered with reasonable diligence.

The following are the steps involved in computing the period of limitation:

  1. Identify the cause of action.
  2. Determine the date on which the cause of action arises.
  3. Identify the relevant limitation period.
  4. Calculate the number of days that have elapsed since the cause of action arose.
  5. Subtract the number of days that have been excluded from the limitation period.

The following are some of the days that are excluded from the limitation period:

  • Days during which the claimant is under a legal disability.
  • Days during which the defendant is out of the country.
  • Days during which the claimant is prevented from filing the suit by fraud or collusion of the defendant.
  • Days during which the suit is stayed by the court.

Here are some MCQs on Computation of the Period of Limitation:

  1. The limitation period for filing a claim for breach of contract is 3 years. The cause of action arises on 1st January 2023. The claimant files the suit on 31st March 2026. Is the suit time-barred?
    • Yes
    • No
    • The answer cannot be determined without more information
    • The correct answer is no. The suit is not time-barred. The limitation period for filing a claim for breach of contract is 3 years from the date on which the breach of contract occurs. In this case, the breach of contract occurred on 1st January 2023 and the suit was filed within 3 years of the breach of contract.
  2. The limitation period for filing a claim for personal injury is 3 years. The claimant is injured in a car accident on 1st January 2023. The claimant discovers the injury on 1st January 2024. The claimant files the suit on 31st March 2026. Is the suit time-barred?
    • Yes
    • No
    • The answer cannot be determined without more information
    • The correct answer is no. The suit is not time-barred. The limitation period for filing a claim for personal injury is 3 years from the date on which the injury is discovered, or should have been discovered with reasonable diligence. In this case, the injury was discovered on 1st January 2024 and the suit was filed within 3 years of the discovery of the injury.