*Guest post by Advocate Prerna Dhingra

There are different periods of limitation prescribed for suits, appeals and applications in the Schedule to the Limitation Act, 1963 read with Sections 2(j) and 3.

However, the most sought-after relief of partition in civil suits, astonishingly, has no period of limitation prescribed in the Schedule under “First Division- Suits”.

Now, it may seem that partition suits may be governed by Article 113 of the Schedule to the Limitation Act, 1963 which provides for a period of 3 years “when the right to sue accrues” for “any suit for which no period of limitation is provided elsewhere in this Schedule”.

However, Partition suits are peculiar in nature as the cause of action in such suits is recurring, continuous and running, and it continues until the property remains joint property, and the shares get severed by effecting partition. Hence, there is no period of limitation prescribed for suits seeking relief of partition.

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Further References/ Sources/ Readings:

• Limitation Act, 1963, Sections 2(j) & 3.
• Limitation Act, 1963, Article 113, Schedule.
• Sri. Srinivas & Ors. vs. Sri. M.C. Narayanaswamy, arising out of RFA No. 946 of 2018 (PAR), Hon’ble High Court of Karnataka at Bengaluru, date of judgment: 26 July 2024.
• Asha Sharma & Ors. vs. Amar Nath & Ors. [AIR 2003 Himachal Pradesh 32].
• Tara Kishore Das vs. Beharu Barman & Ors. [AIR 1958 Assam 67].

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Guest post by ADVOCATE MS. PRERNA DHINGRA (https://www.linkedin.com/in/advocate-prerna-dhingra-54607822b)