"Under the Limitation Act, 1963, the period of limitation starts only after fraud or mistake is discovered by the affected party." Comment.

Where the suit or application is based upon the fraud or mistake of the defendant or respondent or his agent or in other cases as mentioned in Section 17 of the Limitation Act, 1963 (the Act), the period of limitation shall not begin to run until the plaintiff or applicant has discovered fraud or mistake or could, with reasonable diligence have discovered it or in the case of a concealed document, until the plaintiff or the applicant first had the means of producing the concealed document or compelling its production. These rules are subject to certain exceptions as provided in proviso to Section 17(1). According to section 17(2) of the Act, when a judgment-debtor by fraud or force prevented the execution of a decree or order within the period of limitation, the court may extend the period for execution of the decree or order on the application of Judgement Creditor. Such application shall be made within one year from the date of the 'discovery of the fraud' or the 'cessation of force'.