Articles 118 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.
The Third Division of the Schedule to the Limitation Act, 1963 deals with applications, and its first six Articles, 118 to 123, cover steps that arise in the middle of a case: a defendant seeking leave to defend, a party applying to bring a legal representative on record, setting aside an abatement, restoring a dismissed case, and setting aside an ex parte decree. The periods are short, from ten to ninety days, and each runs from a different event.
The text below follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked.
An application for leave to appear and defend a suit under summary procedure (Article 118) has ten days from service of the summons. Setting aside an ex parte decree (Article 123) and restoring a suit, appeal or application dismissed for default (Article 122) each have thirty days. An application to make a legal representative a party (Article 120) has ninety days from the death, and one to set aside an abatement (Article 121) has sixty days from the date of abatement. Article 119 deals with awards under the Arbitration Act, 1940, as printed.
Where these Articles sit
Articles 118 to 123 are in the Third Division (applications), Part I (applications in specified cases). The column head still reads "Description of suit" although these are applications. For a business facing a summons or a defaulted hearing, a commercial suit strategy has to be built around these days. 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 |
|---|---|---|---|
| 118 | For leave to appear and defend a suit under summary procedure. | Ten days. | When the summons is served. |
| 119 | Under the Arbitration Act, 1940 (10 of 1940),— | ||
| 119 (a) | for the filing in court of an award; | Thirty days. | The date of service of the notice of the making of the award; |
| 119 (b) | for setting aside an award or getting an award remitted for reconsideration. | Thirty days. | The date of service of the notice of the filing of the award. |
| 120 | Under the Code of Civil Procedure, 1908 (5 of 1908), to have the legal representative of a deceased plaintiff or appellant or of a deceased defendant or respondent, made a party. | Ninety days. | The date of death of the plaintiff, appellant, defendant or respondent, as the case may be. |
| 121 | Under the same Code for an order to set aside an abatement. | Sixty days. | The date of abatement. |
| 122 | To restore a suit or appeal or application for review or revision dismissed for default of appearance or for want of prosecution or for failure to pay costs of service of process or to furnish security for costs. | Thirty days. | The date of dismissal. |
| 123 | To set aside a decree passed ex parte or to rehear an appeal decreed or heard ex parte. Explanation.—For the purpose of this article, substituted service under rule 20 of Order V of the Code of Civil Procedure, 1908 (5 of 1908) shall not be deemed to be due service. | Thirty days. | The date of the decree or where the summons or notice was not duly served, when the applicant had knowledge of the decree. |
A caution on Article 119. It names the Arbitration Act, 1940 (10 of 1940) as printed. The print is not brought up to date on that Act. Check the current law for the corresponding provision and its time limits; this article names no replacement and states no period under any arbitration law.
Article by Article with dates
Under section 12(1), the day from which the period is reckoned is excluded, so day one is the day after the starting date. The examples use future dates for illustration only.
Article 118: leave to appear and defend under summary procedure. Ten days "when the summons is served". If the summons is served on 8 February 2027, the ten days end on 18 February 2027. Ten days is the shortest period in the Schedule. The Schedule does not say which suits are tried under summary procedure; the Article refers to the procedure by name. Do not confuse it with summary judgment in commercial suits; see our post on summary judgment under the Commercial Courts Act, which is a different mechanism.
Article 119: arbitration awards, as printed. Thirty days, from the date of service of the notice of the making of the award, for filing an award in court (a), and thirty days from service of notice of the filing of the award, for setting aside or remitting it (b). Service of notice on 4 June 2027 under (a) gives an end date of 4 July 2027. Service on 10 August 2027 under (b) gives an end date of 9 September 2027. Arbitration proceedings have their own rules and forums; see our posts on commencement of arbitral proceedings and enforcement of an award.
Article 120: bringing a legal representative on record. Ninety days from "the date of death of the plaintiff, appellant, defendant or respondent, as the case may be". If a party dies on 15 January 2027, the ninety days end on 15 April 2027 (16 days left in January, 28 in February, 31 in March, 15 in April).
Article 121: setting aside an abatement. Sixty days from "the date of abatement". Where the abatement is dated 20 April 2027, the sixty days end on 19 June 2027. The Act does not say when a suit abates; that is a matter for the Code of Civil Procedure, 1908, which the Article names.
Article 122: restoring a case dismissed for default. Thirty days from "the date of dismissal", for a suit, appeal or application for review or revision dismissed for default of appearance, want of prosecution, or failure to pay costs of service of process or to furnish security for costs. A dismissal on 12 October 2027 gives an end date of 11 November 2027.
Article 123: setting aside an ex parte decree or rehearing an ex parte appeal. Thirty days from "the date of the decree", or, "where the summons or notice was not duly served, when the applicant had knowledge of the decree". If a decree is passed on 3 March 2027, the thirty days end on 2 April 2027. If the summons was not duly served and the applicant first learns of the decree on 25 May 2027, the period starts from that knowledge and ends on 24 June 2027. The Explanation says that substituted service under rule 20 of Order V of the Code of Civil Procedure, 1908 is not deemed due service for this Article. For the pleadings stage that leads to such a decree, see our posts on the written statement and how a suit is instituted.
Late applications: section 5
Section 5 allows an application, other than an application under any provision of Order XXI of the Code of Civil Procedure, 1908, to be admitted after the prescribed period if the applicant satisfies the court that he had sufficient cause for not making it within the period. Read our article on section 5. Whether the cause is sufficient is for the court to decide, so do not plan around it.
What can change the count
- Section 12(1): the first day is excluded; for some applications, section 12(2) to (4) also excludes the time to obtain copies. See sections 12 and 13.
- Section 4: if the last day falls when the court is closed, the application may be made on the day it re-opens.
- Section 5: sufficient cause for a late application.
- Section 14: time spent bona fide in a court without jurisdiction may be excluded.
Special laws
Section 29(2) provides that where a special or local law prescribes a different period for an application, that period applies. Arbitration, company, insolvency and consumer proceedings follow their own laws; this article states none of those periods.
Need help with a summons or an ex parte decree?
With ten or thirty days, the first step is to read the summons or decree and fix the date. We can help you work out the deadline and plan a commercial suit response, or a challenge, with the papers in order.
Key takeaways
- Article 118: ten days from service of the summons, for leave to defend under summary procedure.
- Article 123: thirty days to set aside an ex parte decree, from the decree or, if not duly served, from knowledge of it; substituted service under rule 20 of Order V is not due service.
- Article 122: thirty days from dismissal; Article 121: sixty days from abatement; Article 120: ninety days from the death.
- Article 119 refers to the Arbitration Act, 1940 as printed; check the current law.
- A special or local law may fix a different period; later amendments should be checked.
Read next
- Articles 114–117: appeals under the criminal and civil procedure codes
- Articles 124–129: review, instalments and applications in execution
- Section 5 of the Limitation Act: condonation of delay and sufficient cause
- Written statement: defence, drafting and filing under the CPC
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.