PART V MISCELLANEOUS

Section 29: Savings

The Limitation Act, 1963

(1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 (9 of 1872).

(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law.

(3) Save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law.

(4) Sections 25 and 26 and the definition of “easement” in section 2 shall not apply to cases arising in the territories to which the Indian Easements Act, 1882 (5 of 1882), may for the time being extend.

Leading cases

Union of India v. Popular Construction Co. (2001)Section 5 of the Limitation Act, 1963 does not apply to an application under Section 34 of the Arbitration and Conciliation Act, 1996; the words 'but not thereafter' in Section 34(3) expressly exclude it.

Questions on this section

3 questions in 15 of our papers cite Section 29. Try these from the free papers:

1. Section 29(1) of the Limitation Act, 1963 provides that nothing in the Act shall affect which provision of the Indian Contract Act, 1872?
2. Where a special or local law prescribes a period of limitation different from the Schedule, Section 29(2) of the Limitation Act, 1963 provides that Sections 4 to 24 shall apply:

Practise questions on Limitation Act, 1963