Section 30 of the Limitation Act, 1963 provides that:
(1) Notwithstanding anything contained in this Act,—
Image Source: ndstudies.gov
(a) Any suit for which the period of limitation is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), may be instituted within a period of seven years next after the commencement of this Act or within the period prescribed for such suit by the Indian Limitation Act, 1908, whichever period expires earlier.
ADVERTISEMENTS:
However, if in respect of any such suit, the said period of seven years expires earlier than the period of limitation prescribed therefore under the Indian Limitation Act, 1908 and the said period of seven years together with so much of the period of limitation in respect of such suit under the Indian Limitation Act, 1908 (9 of 1908) as has already expired before the commencement of this Act is shorter than the period prescribed for such suit under this Act, then, the suit may be instituted within the period of limitation prescribed therefore under this Act.
(b) Any appeal or application for which the period of limitation is shorter than the period of limitation prescribed by the Indian Limitation Act, 1908, may be preferred or made within a period of ninety days next after the commencement of this Act or within the period prescribed for such appeal or application by the Indian Limitation Act, 1908, whichever period expires earlier.
The Section 30 of the Limitation Act makes suitable provisions to cover cases where the period of limitation is being reduced. The principle underlying Section 30 is that whenever a latter statute curtails the period of limitation, the parties must have reasonable time to enforce existing causes of action notwithstanding the statute. The object of Section 30 is to safeguard the vested right for the enforcement of cause of action when the period of limitation is shorter than the prescribed by the earlier Act of 1908.
ADVERTISEMENTS:
When a shorter period of limitation is provided as compared to corresponding provision under the Act of 1908, the suit can be instituted within a period of seven years next after the commencement of the Act of the new Limitation Act of 1963 or within the period prescribed by the old Act of 1908 for such suit whichever period expires earlier.
Sub-section (a) of Section 30 of the Limitation Act, 1963 provides that any suit for which the period of limitation is shorter than the period of limitation prescribed by the Limitation Act, 1908 may be instituted within a period of seven years next after the commencement of the Limitation ‘ Act, 1963 or within the period prescribed for such suit by the Limitation Act, 1908 whichever has been expired earlier.
The Limitation Act, 1963 applies to all causes of action which arose before the commencement of the Act and which are not barred by the repealed Act of 1908. Section 30 is a transitional provision and will become spent out at the end of the specified period mentioned therein.
When the period prescribed by the Limitation Act, 1908 was larger but the period prescribed by the Limitation Act, 1963 is shorter, provisions of clause (a) of Section 30 are automatically attracted.
ADVERTISEMENTS:
In Temjenkaba v. Temjenwati, (AIR 1992 Gau. 8), it has been held that when the period of limitation prescribed for a suit for redemption of mortgage is reduced from 60 years under the old Limitation Act to 30 years under the present Act, clause (a) of Section 30 is attracted to compute the period of limitation for filing a suit for redemption after commencement of the Limitation Act, 1963.
In Patel Bhudarbhai Manganbhai v. Patel Kemabhai Ambaran, [(1997) 10 SCC 611], it has been held that when the suit for redemption of mortgage under Art. 63(a) of the Limitation Act, 1963 was filed tagging seven years to the period of 30 years prescribed under Article 63(a) of the Limitation Act, 1963 the defendant cannot take the plea that the suit is barred by limitation.
The effect of clause (b) of Section 30 is to make a specific provision in a case where the limitation prescribed for an appeal or an application under the Limitation Act, 1963 is shorter than that prescribed under the Limitation Act, 1908. Clause (b) of Section 30 requires that such appeal or application must be filed or made within a period of 90 days of the date when the new Act has come into force i.e. 1st January, 1964 or within the period prescribed by the Limitation Act, 1908, whichever is earlier.
In Yousuf Yar Khan v. Syed Md. Yar Khan, (AIR 1967 SC 1318), it has been held that when the limitation was not applicable to a State or in a particular situation but the new Act applies, Section 30 of the Limitation Act, 1963 is attracted.