Articles 101 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Five more miscellaneous suits sit in Part IX of the First Division of the Schedule to the Limitation Act, 1963: a suit upon a judgment (including a foreign judgment), a suit for property conveyed by a person of unsound mind, a claim against a deceased trustee's estate, a suit to establish a periodically recurring right and a Hindu's suit for arrears of maintenance. Articles 101 to 105 give three years for each, with five different starting points.
The text below follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked.
A suit upon a judgment, including a foreign judgment, or a recognisance (Article 101) runs three years from the date of the judgment or recognisance. A suit for property conveyed by a person of unsound mind (Article 102) runs from when the plaintiff is restored to sanity and has knowledge of the conveyance. Loss from breach of trust out of a deceased trustee's estate (Article 103), a recurring right (Article 104) and maintenance arrears (Article 105) have their own starting points. A late suit is liable to be dismissed under section 3.
Where these Articles sit
Articles 101 to 105 are in the First Division (suits), Part IX (suits relating to miscellaneous matters). Article 101 matters most to businesses that hold a judgment from a court in another country and want to sue on it. A recovery suit on such a judgment must start within the period. Our guide to how the Schedule is laid out explains the three columns.
Copied as printed:
| Article | Description of suit | Period of limitation | Time from which period begins to run |
|---|---|---|---|
| 101 | Upon a judgment, including a foreign judgment, or a recognisance. | Three years. | The date of the judgment or recognisance. |
| 102 | For property which the plaintiff has conveyed while insane. | Three years. | When the plaintiff is restored to sanity and has knowledge of the conveyance. |
| 103 | To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. | Three years. | The date of the trustee's death or if the loss has not then resulted, the date of the loss. |
| 104 | To establish a periodically recurring right. | Three years. | When the plaintiff is first refused the enjoyment of the right. |
| 105 | By a Hindu for arrears of maintenance. | Three years. | When the arrears are payable. |
Article by Article with dates
Under section 12(1), the day from which the period is reckoned is excluded. Three years from a date end on the same date three years later.
Article 101: a suit upon a judgment. This is a fresh suit on the judgment, not an application to execute a decree. A company obtains a money judgment from a court abroad on 12 June 2023. The period starts on "the date of the judgment", so the three years end on 12 June 2026. The Schedule names a foreign judgment but does not set out what must be shown to sue on one; the text is silent on that. A recognisance is also covered, from its date. Do not confuse this with execution of a decree of an Indian civil court, which is in Article 136: see Articles 134 to 137 and our post on execution petitions.
Article 102: property conveyed while insane. The Act's own word, as printed in the table, is "insane". In plain words, the Article concerns a person who conveyed property while of unsound mind. The period starts "when the plaintiff is restored to sanity and has knowledge of the conveyance". Both conditions are in the print. If the plaintiff recovers on 1 September 2023 but learns of the conveyance only on 14 January 2024, the starting date is 14 January 2024 on the words of the Article, and the three years end on 14 January 2027. Section 6 separately deals with legal disability; see section 6 and take advice on how they fit.
Article 103: loss from breach of trust, out of a deceased trustee's estate. The suit is "to make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust". The period starts on "the date of the trustee's death or if the loss has not then resulted, the date of the loss". If the trustee dies on 15 March 2023 and the loss had already resulted, the three years end on 15 March 2026. If the loss results later, on 20 December 2023, the three years end on 20 December 2026. See our posts on a trustee's liability for breach of trust and section 10 of the Limitation Act, which says that certain suits against trustees are not barred by any length of time. Check which provision fits your suit.
Article 104: a periodically recurring right. The suit is "to establish a periodically recurring right", for example a right to receive a payment or a share at intervals. The period starts "when the plaintiff is first refused the enjoyment of the right". If the first refusal is on 4 January 2024, the three years end on 4 January 2027. The print uses the word "first", so a later refusal does not move the starting point on the text.
Article 105: arrears of maintenance by a Hindu. The Article says "by a Hindu for arrears of maintenance" and starts the period "when the arrears are payable". If an instalment of maintenance became payable on 1 April 2024, the three years for that instalment end on 1 April 2027. The Schedule does not say what law of maintenance applies or how much is due; it fixes only the time. Under section 29(3), nothing in the Act applies to a suit or proceeding under a law on marriage and divorce, save as otherwise provided in that law, so check whether a family-law proceeding has its own rule.
What can change the count
- Sections 18 and 19: a signed written acknowledgment, or a payment on account of a debt made and acknowledged as section 19 requires, before expiry gives a fresh period. Section 19 says that "debt" does not include money payable under a decree or order of a court. See section 18.
- Section 6: a legal disability when the period starts can postpone the count.
- Section 4: a suit may be filed on the day the court re-opens if the last day fell when it was closed.
- Section 14: time spent bona fide in a court without jurisdiction may be excluded. See section 14.
- Section 5 does not help a suit. It applies to appeals and applications only.
Special laws
Section 29(2) provides that where a special or local law prescribes a different period, that period applies. Arbitral awards, insolvency claims and decrees under special statutes follow their own laws; this article states none of those periods.
Checklist
- Match the claim to the Article: judgment, conveyance, trustee loss, recurring right or maintenance.
- Fix the date from the judgment copy, the recovery date, the death certificate, the refusal letter or the maintenance order.
- For a recurring right, record the first refusal.
- Look for acknowledgments and part payments.
- Compute the end date with section 12(1) in mind.
Need help suing on a judgment or an unpaid award?
A judgment in hand can lose its value if the time to sue on it is missed. We can read the judgment, work out the date and prepare a recovery suit with the papers in order.
Key takeaways
- Articles 101 to 105 each give three years.
- A suit upon a judgment, including a foreign judgment, runs from the date of the judgment (Article 101).
- A conveyance by a person of unsound mind runs from restoration to sanity and knowledge of the conveyance (Article 102).
- Trustee's loss runs from the trustee's death, or from the loss if it had not then resulted (Article 103).
- A recurring right runs from the first refusal (Article 104); maintenance arrears from when they are payable (Article 105).
- Section 5 does not extend the time to file a suit; a special or local law may fix a different period; later amendments should be checked.
Read next
- Articles 97–100: pre-emption, execution orders and setting aside court sales
- Articles 106–110: legacy, hereditary office and joint family property
- Articles 134–137: execution of decrees and the residuary article for applications
- Section 10 of the Limitation Act: suits against trustees
Disclaimer: Based on a consolidated text of the Limitation Act, 1963 and its Schedule whose latest amendment shown is Act 46 of 1999, as consulted on 2 October 2026. A special or local law may fix a different period; later amendments and the current procedural law should be checked. This article is general information, not legal advice; check the official text before acting.