Suits for compensation for acts not actionable without special damage
Section 23 of the Limitation Act, 1963 deals with suits for compensation for acts not actionable without special damage. In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results. The Act came into force on 01 Jan 1964.
In the case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results.
Section 23, 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.
-
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 wrong concept; referenced to distinguish between continuing wrongs and completed wrongs with continuing effects
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 23
What have the courts held on Section 23 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 wrong concept; referenced to distinguish between continuing wrongs and completed wrongs with continuing effects.
How do I find court cases under Section 23 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 23, section 23 Limitation Act, section 23 of the Limitation Act. People searching for it also type limitation act article 23. Each opens the full list of orders on eCourtsIndia, where it can be narrowed by court, year and outcome. 1 reported judgment on this section is 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 23 of the Limitation Act come into force?
Section 23 of the Limitation Act, cited as Limitation Act 23, 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 16 Oct 2026. This page is not a substitute for legal advice.