swarochish/limitation-calculator

Limitation Calculator

This skill provides precise limitation period calculation following Limitation Act 1963, including the Supreme Court COVID-19 extension order (March 15, 2020 - October 2, 2021 = 531 days).

Purpose

Calculate accurate limitation periods by:

1. Identifying correct Article from Limitation Act Schedule
2. Computing basic limitation period
3. Applying exclusions (Section 14, prior litigation)
4. Applying extensions (COVID-19 531 days, acknowledgment, part payment)
5. Determining final filing deadline with precision

When to Use This Skill

Use this skill when:

• Determining if suit/appeal/application is within limitation
• Calculating exact filing deadline for legal proceeding
• Analyzing whether cause of action is time-barred
• Advising on urgency of legal action
• Drafting pleadings requiring limitation analysis

Critical Warning

⚠️ LIMITATION IS MANDATORY ⚠️

Section 3, Limitation Act 1963:

"Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted, appeal preferred, and application made after the prescribed period shall be dismissed although limitation has not been set up as a defence."

LIMITATION BARS THE REMEDY, NOT THE RIGHT

Once period expires:

• Court MUST dismiss (mandatory language)
• No discretion to condone delay (except Section 5 for appeals/applications, NOT suits)
• Cause of action extinguished

Key Articles - Limitation Periods

Refer to @references/limitation-articles-table.md for complete list.

Common Articles

Contracts & Specific Relief:

• Article 54: Specific performance of contract - 3 years (from date fixed for performance OR if no date fixed, from refusal to perform)
• Article 55: Breach of contract - 3 years (from breach)
• Article 113: Suit on contract - 3 years (from accrual of right to sue)

Property & Possession:

• Article 65: Suit for possession of immovable property - 12 years (from dispossession)
• Article 64: Suit to recover possession based on title - 12 years (from accrual of right)

Torts:

• Article 113: Compensation for wrongful act - 3 years (from act)

Appeals:

• Article 116: Appeal from decree/order of civil court (CPC Order 43) - 30/90 days (from decree/order)
• Article 117: Appeal under CPC where no period fixed - 90 days

Applications:

• Article 137: Residuary article (applications) - 3 years (from right to apply accrues)

Money Suits:

• Article 62: Money lent - 3 years (from refusal or expiry of notice period)
• Article 113: Money payable under contract - 3 years (from breach)

Limitation Calculation Workflow

Step 1: Identify Applicable Article

Process:

1. Determine nature of proceeding (suit, appeal, application)
2. Identify cause of action / subject matter
3. Match to Article in Limitation Act Schedule
4. Note limitation period and starting point

Example:

Proceeding: Suit for specific performance of sale agreement
Nature: Civil suit
Subject: Specific Relief Act, Section 10 (specific performance)
Article: Article 54, Limitation Act
Period: 3 years
Starting Point: Date fixed for performance OR refusal to perform

Refer to: @references/article-finder-guide.md

Step 2: Determine Starting Point (Accrual Date)

Critical: Each Article specifies "time from which period begins to run"

Common Starting Points:

• Contracts: Date of breach OR date fixed for performance
• Torts: Date of wrongful act
• Possession: Date of dispossession
• Decrees: Date of decree
• Knowledge-based: Date of knowledge (fraud, mistake)

Example - Article 54:

Sale agreement dated: January 1, 2020
Performance date: June 1, 2020
Seller refused: June 15, 2020
Starting Point: June 15, 2020 (refusal to perform)

Step 3: Calculate Basic Limitation Period

Formula:

Basic Expiry Date = Starting Point + Limitation Period

Example (Article 54 - 3 years):

Starting Point: June 15, 2020
+ 3 years
= June 15, 2023 (basic expiry)

Step 4: Apply Exclusions (Section 14)

Section 14 - Exclusion of time in certain cases:

If prior litigation pending in good faith in wrong court:

Excluded Time = [Date prior suit filed] to [Date prior suit finally disposed]
Extended Deadline = Basic Expiry + Excluded Time

Conditions:

1. Prior suit in court lacking jurisdiction
2. Filed in good faith (bonafide belief court had jurisdiction)
3. Diligence shown (no unnecessary delay)

Example:

Basic Expiry: June 15, 2023
Prior suit filed: March 1, 2021 (wrong court)
Prior suit dismissed: December 1, 2021 (lack of jurisdiction)
Excluded Period: March 1 - December 1, 2021 = 9 months
Extended Deadline: June 15, 2023 + 9 months = March 15, 2024

Refer to: @references/section-14-guide.md

Step 5: Apply COVID-19 Extension

Supreme Court Order (March 23, 2020 + subsequent extensions):

TOTAL EXTENSION: 531 DAYS

• Period: March 15, 2020 - October 2, 2021
• Applicability: ALL proceedings (suits, appeals, applications, execution)

How to Apply:

If limitation period expired OR was running during March 15, 2020 - Oct 2, 2021:
  Extended Deadline = Basic Expiry + 531 days

If limitation started AFTER October 2, 2021:
  No COVID extension applicable

Example 1 - Period Expired During COVID:

Basic Expiry: June 15, 2020 (during COVID extension)
+ 531 days
= November 28, 2021 (extended deadline)

Example 2 - Period Running During COVID:

Starting Point: January 1, 2020
Basic Expiry: January 1, 2023 (3-year period)
COVID Extension: + 531 days (period was running during March 15, 2020 - Oct 2, 2021)
Final Deadline: June 15, 2024

Example 3 - Period Started After COVID:

Starting Point: December 1, 2021 (after Oct 2, 2021)
Basic Expiry: December 1, 2024
COVID Extension: NOT APPLICABLE
Final Deadline: December 1, 2024

Refer to: @scripts/covid_calculator.py for automated calculation

Step 6: Apply Other Extensions/Exclusions

Section 18 - Acknowledgment: Fresh limitation starts from date of written acknowledgment signed by party

Section 19 - Part Payment: Fresh limitation starts from date of part payment

Section 5 - Condonation of Delay:

• Applies ONLY to appeals and applications
• Does NOT apply to suits
• Requires "sufficient cause" for delay
• Court has discretion (unlike Section 3)

Step 7: Final Deadline Determination

Output Format:

LIMITATION CALCULATION SUMMARY

Proceeding: [Description]
Article: [Number] - [Description]
Base Period: [X] years/days
Starting Point: [Date + event triggering limitation]

CALCULATION:
1. Basic Expiry: [Date]
2. Section 14 Exclusion: + [X] days
3. COVID-19 Extension: + 531 days
4. Other Extensions: + [X] days (if any)

FINAL DEADLINE: [Date]
Days Remaining: [X] days (if not expired)
Status: ✓ WITHIN LIMITATION / ✗ TIME-BARRED

URGENCY: [HIGH/MEDIUM/LOW]

Example Output:

LIMITATION CALCULATION SUMMARY

Proceeding: Suit for specific performance of sale agreement
Article: 54 - Specific performance of contract
Base Period: 3 years
Starting Point: June 15, 2020 (refusal to perform)

CALCULATION:
1. Basic Expiry: June 15, 2023
2. Section 14 Exclusion: + 0 days (no prior litigation)
3. COVID-19 Extension: + 531 days (period expired during extension)
4. Other Extensions: + 0 days

FINAL DEADLINE: November 28, 2024
Days Remaining: 328 days
Status: ✓ WITHIN LIMITATION

URGENCY: MEDIUM (>100 days remaining)

Calculation Script

File: @scripts/limitation_calculator.py

Usage:

from limitation_calculator import calculate_limitation

result = calculate_limitation(
    article=54,
    starting_point="2020-06-15",
    prior_litigation_days=0,
    apply_covid=True
)

print(result.final_deadline)  # Output: 2024-11-28
print(result.days_remaining)  # Output: 328
print(result.status)           # Output: "WITHIN LIMITATION"

Features:

• Handles all 137 Articles automatically
• COVID-19 531-day calculation
• Section 14 exclusion logic
• Leap year adjustments
• Business days vs calendar days
• Time-bar warnings

Integration

With Protocols

• IL-LIMITATION-001 references this skill for all calculations
• All protocols cite with limitation warnings

With Agents

• Limitation-specialist agent uses this for all period calculations
• Other agents invoke when analyzing time-sensitive matters

With Commands

• /calculate-limitation <article> <start-date> triggers this skill

With Hooks

• limitation-warning hook uses this to display countdown warnings

Special Cases

1. Continuous Wrongs / Torts

Fresh cause of action each day wrong continues

2. Fraudulent Concealment (Section 17)

Limitation starts from date of discovery

3. Minor/Person of Unsound Mind (Sections 6-7)

Limitation starts from attaining majority / regaining sanity

4. Legal Representative (Section 16)

Limitation extended for estate legal representative

Urgency Classification

Based on days remaining:

• CRITICAL (< 30 days): Immediate filing required
• HIGH (30-100 days): File soon, prepare now
• MEDIUM (100-365 days): Plan filing, gather evidence
• LOW (> 365 days): Ample time, systematic preparation

Common Errors to Avoid

1. ❌ Forgetting COVID-19 extension (531 days)
2. ❌ Using wrong starting point for Article
3. ❌ Confusing calendar days vs court working days
4. ❌ Assuming Section 5 condonation applies to suits (it doesn't)
5. ❌ Not checking if period expired during COVID extension period

Tools Required

This skill uses:

• Read: Access reference files, Articles table
• Bash: Execute Python calculation scripts

Disclaimer

This skill provides limitation period calculation assistance. It does not constitute legal advice. Always:

• Verify Article applicability with advocate
• File well before deadline (never on last day)
• Consider Section 5 condonation unavailable for suits
• Consult qualified advocates for time-critical matters
• Note that limitation is MANDATORY bar under Section 3

LAW IS A PRECISE ENDEAVOR. LIMITATION CALCULATIONS REQUIRE ABSOLUTE ACCURACY.

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Skill Version: 1.0.0 Last Updated: 2025-12-05 Part of: Indian Law Knowledge Ecosystem Dependencies: None Critical Skill: Time-sensitive legal deadlines