Article 30 (Art. 68 of the Act of 1908):
The period of limitation for a suit on a bond subject to a condition is three years and limitation starts to run when the condition is broken.
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ADVERTISEMENTS:
Article 30 of the Limitation Act, 1963 applies to security bonds where the execution is only liable to make a payment on breach of a condition and is not otherwise liable under the bond. A suit by an assignee of an administration bond under the provisions of Section 292 of the Indian Succession Act for its enforcement is a suit upon a bond subject to a condition to which the Article 30 applies.
In Krishna Chettiar v. Venkatachalapathi, [42 Mad. 302 (309)], it has been held that a bond executed by a guardian under Section 34, Guardians and Wards Act, is a bond ‘subject to condition’ under the Article 30, the condition of the bond being that the guardian shall render accounts and shall pay the balance found due by him from time to time.
In Mani Devi v. Anpurna, (AIR 1943 Pat. 218), it has been held that where a surety dies, the condition of the bond executed by him is broken at the latest on his death, and the cause of action against his heirs therefore arises on the date of death under Article 30.
In Harbans v. Sobha, (AIR 1939 Lah. 236), it has been held that where a debtor makes a part-payment of the amount due on bond and makes an endorsement that the balance would be paid by a certain date, limitation will run on the expiry of the date endorsed.