Prescribed period
Also called: Period of limitation
Under Section 2(j) of the Limitation Act, the period of limitation computed in accordance with the Act, as distinct from the bare period fixed by the Schedule.
Explained
Section 2(j) of the Limitation Act, 1963 defines two linked expressions. The period of limitation is the period prescribed for any suit, appeal or application by the Schedule. The prescribed period is the period of limitation computed in accordance with the provisions of the Act. The Schedule gives the starting figure, for example three years; the prescribed period is that figure as worked out under the Act's rules of computation and exclusion.
The rules of computation are in Part III of the Act. Section 12 excludes the day from which the period is reckoned and, for appeals and revisions, the day of the judgment and the time needed to obtain copies. Sections 13 to 15 exclude time spent in applying for leave to sue as an indigent person, in prosecuting another proceeding in good faith in a court without jurisdiction, and during a stay or required notice. Section 17 postpones the start where fraud or mistake is involved.
Section 3 then gives the consequence. Subject to Sections 4 to 24, every suit instituted, appeal preferred and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence. The court must therefore examine limitation on its own.
Two sections act directly on the prescribed period and are often tested. Under Section 4, where the prescribed period expires on a day when the court is closed, the proceeding may be filed on the day it reopens, and a court is deemed closed if it is closed during any part of its normal working hours. Under Section 5, an appeal or application, other than an application under Order XXI of the CPC, may be admitted after the prescribed period on sufficient cause; Section 5 does not apply to suits.
What the law says
(ii) any person whose estate is represented by the plaintiff as executor, administrator or other representative; (j) “period of limitation” means the period of limitation prescribed for any suit, appeal or application by the Schedule, and “prescribed period” means the period of limitation computed in accordance with the provisions of this Act;
Clause (j) defines period of limitation and prescribed period
(1) Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed, although limitation has not been set up as a defence.
(2) For the purposes of this Act,—
(a) a suit is instituted,—
Proceedings after the prescribed period must be dismissed
Where the prescribed period for any suit, appeal or application expires on a day when the court is closed, the suit, appeal or application may be instituted, preferred or made on the day when the court re-opens.
Explanation.—A court shall be deemed to be closed on any day within the meaning of this section if during any part of its normal working hours it remains closed on that day.
Expiry of the prescribed period when the court is closed
Any appeal or any application, other than an application under any of the provisions of Order XXI of the Code of Civil Procedure, 1908 (5 of 1908), may be admitted after the prescribed period if the appellant or the applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period.
Explanation.—The fact that the appellant or the applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period may be sufficient cause within the meaning of this section.
Extension of the prescribed period on sufficient cause
(1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded.
(2) In computing the period of limitation for an appeal or an application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be revised or reviewed shall be excluded.
(3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment *** shall also be excluded.
Exclusion of time in computing the period
Example
For example, if the prescribed period for an appeal ends on a public holiday and the court reopens two days later, Section 4 allows the appeal to be filed on the day of reopening.
For the exam
- Period of limitation is fixed by the Schedule; prescribed period is computed under the Act (Section 2(j)).
- Late proceedings must be dismissed even if limitation is not pleaded (Section 3).
- Court closed on the last day: file on reopening; closure for part of working hours counts (Section 4).
- Section 5 condonation covers appeals and applications, not suits or Order XXI applications.
- Section 12 excludes the first day and time for obtaining copies.
617 questions in the Law Maker question bank use this term. Practise Limitation Act, 1963 questions
Related terms
- Period of limitationUnder Section 2(j) of the Limitation Act, the period prescribed for a suit, appeal or application by the Schedule. In criminal law, the period in Section 514 BNSS for taking cognizance.
- Vigilantibus non dormientibus jura subveniuntThe law helps those who are vigilant about their rights, not those who sleep over them. It is the policy behind the law of limitation and the doctrine of laches.
- DecreeThe formal expression of an adjudication that conclusively determines the rights of the parties on all or any matter in controversy in a suit, as defined in Section 2(2) of the CPC.
- FraudUnder Section 17 of the Contract Act, specified acts by a party to a contract, or with his connivance, or by his agent, done to deceive the other party or induce him to contract.
- EasementA right of the owner or occupier of land, as such, for its beneficial enjoyment, to do something, or prevent something being done, on other land not his own.
Further reading
Checked 6 November 2026. Statutory text is quoted from the Bare Acts library, taken from India Code. See the full glossary.