Continuing breaches and torts
Section 22 of the Limitation Act, 1963 deals with continuing breaches and torts. In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues. The Act came into force on 01 Jan 1964.
In the case of a continuing breach of contract or in the case of a continuing tort, a fresh period of limitation begins to run at every moment of the time during which the breach or the tort, as the case may be, continues.
Section 22, The Limitation Act, 1963 (Act 36 of 1963).
Related judgements & precedents
These are some judgments that construed this section, and hold precedence value. They hold authority on how to read, interpret and use this section.
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Samruddhi CO Operative Housing Society LTD vs Mumbai Mahalaxmi Construction Pvt. LTD
Court's Decision & Legal Precedent
The failure of a builder to obtain an occupancy certificate for a residential property, when such obligation is imposed by law (MOFA) and contract, constitutes a continuing wrong under Section 22 of the Limitation Act 1963. Consequently, a complaint for compensation for consequential losses (such as excess property taxes and water charges) arising from this continuing wrong is not barred by limitation under Section 24A of the Consumer Protection Act 1986, even if filed years after the initial possession. The builder's failure to obtain the occupancy certificate amounts to deficiency in service under the Consumer Protection Act 1986, making the flat owners 'consumers' entitled to claim compensation for the financial burden imposed by this deficiency.
On this section: Continuing breach of contract or tort; fresh period of limitation begins at every moment during which breach continues; applied to establish continuing wrong doctrine
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Sankar Dastidar vs Shrimati Banjula Dastidar
Court's Decision & Legal Precedent
Unless a wrong is a continuing one, the period of limitation does not stop running. For a suit for damages for wrongful detention of specific movable property under Article 91 of the Limitation Act, 1963, the period of limitation begins to run from the date when the property is wrongfully taken or when the detainer's possession becomes unlawful. A counter-claim for damages for wrongful detention of movable property filed more than three years after the alleged detention is barred by limitation, and the appointment of an Advocate Commissioner and preparation of inventory in an earlier suit does not give rise to a fresh cause of action.
On this section: Relates to continuing wrongs; the period of limitation does not stop running unless the wrong is a continuing one
The holding above is the ratio decidendi as extracted from the judgment by eCourts India, reproduced unaltered — it is a rendering of the court's reasoning, not a substitute for its words. Read the order itself before relying on it.
Questions about Section 22
What have the courts held on Section 22 of the Limitation Act?
Samruddhi CO Operative Housing Society LTD vs Mumbai Mahalaxmi Construction Pvt. LTD (11 Jan 2022) is the leading judgment on this section among those set out below: Continuing breach of contract or tort; fresh period of limitation begins at every moment during which breach continues; applied to establish continuing wrong doctrine. Another 1 judgment on this section is set out below, all of them from the Supreme Court. They run from 2006 to 2022.
How do I find court cases under Section 22 of the Limitation Act?
In judgments and charge sheets this section is written several ways, and each form finds a different set of orders. These search the full text of every order eCourtsIndia holds, best matches first: Limitation Act 22, section 22 Limitation Act, section 22 of the Limitation Act. People searching for it also type limitation act article 22. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 2 reported judgments on this section are set out on this page, beginning with Samruddhi CO Operative Housing Society LTD vs Mumbai Mahalaxmi Construction Pvt. LTD (11 Jan 2022).
When did Section 22 of the Limitation Act come into force?
Section 22 of the Limitation Act, cited as Limitation Act 22, came into force on 01 Jan 1964, having been enacted on 05 Oct 1963. It is in force as at the date shown on this page.
Other sections of this Act
- 30. Provision for suits, etc., for which the prescribed period is shorter than the period prescribed by the Indian Limitation Act, 1908557 words
- 17. Effect of fraud or mistake401 words
- 2. Definitions363 words
- 15. Exclusion of time in certain other cases347 words
- 14. Exclusion of time of proceeding bona fide in court without jurisdiction312 words
- 6. Legal disability283 words
Source and method. Compiled from the enactments of Parliament and of the State legislatures as published on India Code, and republished together with commentary and other original matter under section 52(1)(q)(ii) of the Copyright Act, 1957. Structured, cross-referenced and maintained by eCourtsIndia. Text as in force on 14 Oct 2026. This page is not a substitute for legal advice.