Limitation Act 1963 Section 30 Provision for suits, etc., for which the prescribed period is shorter than that prescribed by the Indian Limitation Act, 1908
Text of the Section: 30. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908.
Notwithstanding anything contained in this Act,—
(a) any suit for which the period of limitation is shorter than the period prescribed by the Indian Limitation Act, 1908 (9 of 1908), may be instituted within a period of seven years next after the commencement of this Act or within the period prescribed for such suit by the Indian Limitation Act, 1908, whichever period expires earlier:
Provided that if in respect of any such suit, the said period of seven years expires earlier than the period of limitation prescribed therefor under the Indian Limitation Act, 1908 and the said period of seven years together with so much of the period of limitation in respect of such suit under the Indian Limitation Act, 1908, as has already expired before the commencement of this Act is shorter than the period prescribed for such suit under this Act, then, the suit may be instituted within the period of limitation prescribed therefor under this Act;
(b) any appeal or application for which the period of limitation is shorter than the period prescribed by the Indian Limitation Act, 1908, may be preferred or made within a period of ninety days next after the commencement of this Act or within the period prescribed for such appeal or application by the Indian Limitation Act, 1908, whichever period expires earlier.
Explanation Limitation Act 1963 Section 30
Section 30 of the Limitation Act 1963 helps people adjust to shorter time limits introduced by the 1963 Act compared to the older 1908 Act. In simple terms, if the 1963 Act cuts the time to file a lawsuit (say, from 6 years to 3), you could still file within 7 years after January 1, 1964 (when the Act began), or the 1908 Act’s longer limit, whichever ends first. There’s a backup rule: if the 7 years plus any time already used up under the 1908 Act before 1964 is less than the 1963 Act’s limit, you get the full 1963 period to file. For appeals or applications with shorter limits, you had 90 days after January 1, 1964, or the 1908 Act’s period, whichever came first. This section made the switch to new rules fairer by giving extra time during the transition.
Key Points Limitation Act 1963 Section 30
- Addresses suits, appeals, or applications with shorter 1963 Act limits than 1908 Act.
- Suits allowed within 7 years from January 1, 1964, or 1908 Act’s limit, whichever is earlier.
- Proviso grants 1963 Act’s full period if 7 years plus pre-1964 expired time is too short.
- Appeals/applications get 90 days from January 1, 1964, or 1908 Act’s limit, whichever is earlier.
- Transitional rule to ease shift from 1908 to 1963 Act, now mostly historical.
Examples Limitation Act 1963 Section 30
- 1963 Act gives 3 years for a suit (1908 gave 6), right arose 1962—file by 1971 (7 years from 1964) or 1968 (1908’s 6 years from 1962), so 1968 deadline.
- Suit from 1961 had 6 years under 1908 (ends 1967); 7 years from 1964 is 1971, but 3 years used pre-1964—1963’s 3-year limit (1964-1967) applies if shorter.
- Appeal limit drops to 30 days in 1963 (1908 had 60), right arose 1963—file by March 31, 1964 (90 days from 1964), or 1963’s 60 days, whichever’s earlier.