Articles 42 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.
A guarantor who paid the bank, a family whose insurance claim was rejected, a policyholder who wants premium back: Articles 42 to 46 of the Schedule to the Limitation Act, 1963 set the time for each suit. All five Articles give three years, and the date they start from is the thing to get right.
The text below follows the consolidated text of the Act consulted (latest amendment shown: Act 46 of 1999). Later amendments should be checked.
A surety suing the principal debtor (Article 42) counts three years from when the surety pays the creditor. A surety suing a co-surety (Article 43) counts from when the surety pays anything in excess of his own share. For a suit on an insurance policy (Article 44) the period starts on the date of death or of the occurrence causing the loss, or the date the claim is denied, in whole or in part. Article 45 starts when the insurers elect to avoid the policy and Article 46 on the date of payment or distribution. Each gives three years.
Where these Articles sit
Articles 42 to 46 are in the First Division (suits), Part II (suits relating to contracts). If you have been refused an insurance payout or have paid a debt you stood surety for, a recovery suit is the court route once the other side does not pay. Our article on 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 |
|---|---|---|---|
| 42 | By a surety against the principal debtor. | Three years. | When the surety pays the creditor. |
| 43 | By a surety against a co-surety. | Three years. | When the surety pays anything in excess of his own share. |
| 44 (a) | On a policy of insurance when the sum insured is payable after proof of the death has been given to or received by the insurers. | Three years. | The date of the death of the deceased, or where the claim on the policy is denied, either partly or wholly, the date of such denial. |
| 44 (b) | On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers. | Three years. | The date of the occurrence causing the loss, or where the claim on the policy is denied, either partly or wholly, the date of such denial. |
| 45 | By the assured to recover premia paid under a policy voidable at the election of the insurers. | Three years. | When the insurers elect to avoid the policy. |
| 46 | Under the Indian Succession Act, 1925 (39 of 1925), section 360 or section 361, to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets. | Three years. | The date of the payment or distribution. |
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 42: surety against the principal debtor. Mr Verma stood surety for a company's bank loan. On 30 November 2023 he pays the bank what the company owed. The period starts "when the surety pays the creditor", so the three years end on 30 November 2026. The date of the loan or the date of default does not start this period; the date of payment does. For the rights of a surety, see section 126 and section 140 of the Indian Contract Act.
Article 43: surety against a co-surety. Two sureties are bound for the same debt. One pays more than his share on 15 January 2024. The period starts "when the surety pays anything in excess of his own share", and the three years end on 15 January 2027. See sections 146 and 147 of the Indian Contract Act on co-sureties.
Article 44: a policy of insurance. The Article has two sub-entries, and the print gives two dates in each. In (a), the sum insured is payable after proof of death; the period starts on "the date of the death of the deceased, or where the claim on the policy is denied, either partly or wholly, the date of such denial". In (b), the sum is payable after proof of loss, and the period starts on "the date of the occurrence causing the loss, or where the claim on the policy is denied, either partly or wholly, the date of such denial".
Take (b): a factory is damaged by fire on 12 February 2024 and the insurer denies the claim on 20 September 2024. The Article names the date of the occurrence, or, where the claim is denied, the date of such denial. A partial denial counts too, the print says "either partly or wholly". On the denial date the three years end on 20 September 2027. On the date of the fire alone they would end on 12 February 2027. When a claim has been denied, read the Article's wording with the denial letter in front of you and plan for the earlier date if you are unsure. For the settlement process itself, see our post on insurance claim settlement.
Take (a): the insured dies on 10 May 2023 and the claim is denied in part on 20 December 2023. The two dates named are 10 May 2023 (death) and 20 December 2023 (denial of the claim).
Article 45: premia under a policy voidable at the election of the insurers. The assured sues to recover premia paid. The period starts "when the insurers elect to avoid the policy". If they elect on 3 April 2024, the three years end on 3 April 2027.
Article 46: refund of a legacy or distributed assets. This Article refers to the Indian Succession Act, 1925, sections 360 and 361, as printed, and it covers a suit to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets. The period starts on "the date of the payment or distribution". If a legacy is paid on 9 October 2023, the three years end on 9 October 2026. The reader should check the current text of those sections of the Succession Act; this article names no other provision.
What can change the count
- Section 18: a signed written acknowledgment of liability before the period expires gives a fresh period. See section 18.
- Section 6: a person under a legal disability when the period starts can count from the end of the disability. See section 6.
- Section 17: where fraud or mistake is involved, the period may start only on discovery. See section 17.
- Section 4: if the last day falls when the court is closed, the suit may be filed on the day it re-opens.
- Section 5 does not help a suit. It applies to appeals and applications only.
Special laws
Under section 29(2), where a special or local law prescribes a different period, that period applies. A bank's own recovery proceedings, a claim in insolvency proceedings and other forum-specific claims are governed by their own laws; this article states none of their periods. See our post on bank recovery under special law.
Checklist
- Find the date on which the guarantor paid, the insured died, the loss occurred or the claim was denied, and keep the letters.
- If the insurer denied the claim in part, note the date and the portion.
- Work out the end date from each possible starting date and take advice on which applies.
- Look for acknowledgments of liability.
- Prepare the policy, premium receipts, claim form, and the denial letter.
Need help with an insurance claim or a surety's payment?
When a claim has been denied or you have paid as a guarantor, the dates in your papers decide the time left. We can review the documents and help you prepare a recovery suit with the chronology laid out.
Key takeaways
- Articles 42 to 46 each give three years.
- A surety's period starts when the surety pays (Articles 42, 43).
- For an insurance policy, the Article names the death or the loss, or, where the claim is denied in whole or in part, the date of denial (Article 44).
- Premia: from when the insurers elect to avoid the policy (Article 45).
- Legacy refund: from payment or distribution (Article 46), with sections of the Succession Act quoted as printed.
- 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 31–41: bills of exchange and promissory notes
- Articles 47–53: failed consideration, contribution, profits, rent and purchase-money
- Section 18 of the Limitation Act: acknowledgment of liability
- Sections 37–39 of the Negotiable Instruments Act: sureties and suretyship
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.