Text of the Limitation Act 1963 Section 31 Provisions as to barred or pending suits, etc.—
Nothing in this Act shall,—
(a) enable any suit, appeal or application to be instituted, preferred or made, for which the period of limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), expired before the commencement of this Act; or
(b) affect any suit, appeal or application instituted, preferred or made before, and pending at, the commencement of this Act.
Explanation Limitation Act 1963 Section 31
Section 31 of the Limitation Act 1963 ensures a smooth transition from the Indian Limitation Act, 1908, to the 1963 Act, which began on January 1, 1964. In simple terms, it does two things: (a) if a lawsuit, appeal, or application was already too late to file under the 1908 Act before 1964, the 1963 Act can’t revive it; and (b) if a case was filed and still active when the 1963 Act started, it keeps running under the 1908 Act’s rules, untouched by the new Act. This section prevents old, expired claims from coming back and protects ongoing cases from new rules, keeping things fair during the changeover.
Key Points Limitation Act 1963 Section 31
- Blocks revival of suits, appeals, or applications time-barred under the 1908 Act before January 1, 1964.
- Preserves pending suits, appeals, or applications filed before 1964 under 1908 Act rules.
- Ensures the 1963 Act applies only to new cases post-1964.
- Maintains fairness by not altering pre-1964 legal proceedings.
- Acts as a transitional safeguard for limitation periods.
Examples Limitation Act 1963 Section 31
- Property suit’s 12-year limit under 1908 Act expired in 1960—Section 31 prevents filing in 1964 under 1963 Act.
- Appeal filed in 1963, still pending January 1, 1964—Section 31 keeps it under 1908’s 60-day limit, not 1963’s 30 days.