Limitation Act, 1908 (Pakistan)
ACT NO. IX OF 1908
An Act to consolidate and amend the law for the Limitation of
Suits, and for other purposes. --- Whereas it is expedient to consolidate and
amend the law relating to the limitation of suits, appeals and certain
applications to Courts; and whereas it is also expedient to
provide rules for acquiring by possession the ownership of easements and other
property. It is hereby enacted as follows:--
PART I
PRELIMINARY
1. Short title, extent and commencement. --- (1)
This Act may be called the 2* Limitation Act, 1908.
(2) It extends to the whole of Pakistan.]
1. For Statement of Objects and Reasons, see Gazette of India,
1908, Pt. V, p.22; for Report of the Select Committee, see ibid. 1908, Pt. V,
p.223, and for proceedings in Council see ibid., 1908, Pt. VI, pp.2, 13,
37 and 145.
The Act has been declared to be in force in Balochistan by the
British Balochistan Laws Regulation, 1913 (2 of 1913), section 3.
It has been applied to Phulera in the Excluded Area of Upper
Tanawal to the extent the Act is applicable in the N.-W.F.P., see
N.-W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950.
It has also been extended to the Excluded Area of Upper Tanawal
other than Phulera by the N.-W.F.P. (Upper Tanawal) (Excluded Area)
Laws Regulation, 1950 and declared to be in force that area with
effect from the 1st June, 1951, See N.-W.F.P. Gazette, Extraordinary,
dated
the 1st June, 1951.
the 1st June, 1951.
It has also been extended to the Leased Areas of Balochistan, see
the Leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950) and applied in
the Federated Areas of Balochistan, see Gazette of India, 1937, Pt. I,
p.1499.
The Act as in force in the North-West Frontier Province
immediately before the commencement of N.-W.P.F. Regulation II of 1974
has been applied to the Provincially Administered Tribal Areas of
Chitral, Dir, Kalam, Swat and Malakand Protected Areas by
Provincially Administered Tribal Areas (Application of Laws)
(Second) Regulation (II of 1974), dated 20-5-1974.
2. The world "Indian" omitted by the A.O., 1949.
3. Substituted by the Central Laws (Statute Reform) Ordinance,
1960 (21 of 1960), section 3 and Second Schedule (with effect from the
14th October, 1955), for subsection (2) which was amended by the
A.O., 1949.
(3) This section and section 31 shall come into force at once.
The rest of this Act shall come into force on the first day of
January, 1909.
2. Definitions. - In this Act, unless there
in anything repugnant in the subject or context,---
(1) "applicant" includes any person from or
through whom an applicant derives his right to apply:
(2) 4["bill of exchange" has the same meaning as in section 5
of the Negotiable Instruments Act, 1881 (XXVI of 1881), and includes a
Hundi and a Cheque]:
(3) "bond" includes any instrument whereby a
person obliges himself to pay money to another, on condition that the
obligation shall be void if a specified act is performed, or is not
performed, as the case may be:
(4) "defendant" includes any person from or
through whom a defendant derives his liability to be sued:
(5) "easement" includes a right not arising from
contract, by which one person is entitled to remove and appropriate for
his own profit any part of the soil belonging to another or anything
growing, or attached to or subsisting, the land of another:
(6) "foreign country" means any country other
than 5[Pakistan] 6[* *]:
(7) "good faith"; nothing shall be deemed to be
done in good faith which is not done with due care and attention:
(8) "plaintiff" includes any person from or
through whom a plaintiff derives his right to sue:
(9) 7["promissory note" has the same
meaning as in the Negotiable Instruments Act, 1881 (XXVI of 1881)]:
(10) "suit" does not include an appeal or an
application: and
(11) "trustee" does not include a Benamidar, a
mortgagee remaining in possession after the mortgage has been satisfied,
or a wrong-doer in possession without title.
4. Substituted vide Limitation (Amendment) Ordinance (LXII of
1980), section 2(a).
5. Substituted by the Federal Laws (Revision and Declaration)
Act, 1951 (26 of 1951), section 4 and Third Schedule, for "British
India".
6. The words "but includes an acceding State" omitted by
Federal Laws (Revision and Declaration) Ordinance (XXVII of 1981), Second
Schedule, item 48, dated 8-7-1981.
7. Substituted vide Limitation (Amendment) Ordinance (LXII of
1980), section 2(b).
PART II
LIMITATION OF SUITS, APPEALS AND APPLICATIONS
LIMITATION OF SUITS, APPEALS AND APPLICATIONS
3. Dismissal of suit, etc. instituted, etc. after period of
limitation.---Subject to the provisions contained in sections 4 to 25
(inclusive), every suit instituted, appeal preferred, and application made after the period of limitation prescribed therefor by the
First Schedule shall be dismissed although limitation has not been set up
as a defence.
Explanation. - A suit is instituted, in ordinary cases, when
the plaint is presented to the proper officer; in the case of a
pauper, when his application for leave to sue as a pauper is made; and,
in the case of a claim against a company which is being would up by
the Court, when the claimant first sends in his claim to the
official liquidator.
4. Where Court is closed when period expires. - Where the
period of limitation prescribed for any suit, appeal or application
expires on a day when the Court is closed, the suit, appeal or
application may be instituted, preferred or made on the day that the
Court re-opens.
5. Extension of period in certain case. - Any
appeal or application for 8[a revision or] a review of judgment or for
leave to appeal or any other application to which this section may be
made applicable 9[by or under any enactment] for the time being in force
may be admitted after the period of limitation prescribed therefor, when
the appellant or applicant satisfies the Court that he had sufficient
cause for not preferring the appeal or making the application within such
period.
Explanation. - The fact that the appellant or applicant was misled
by any order, practice or judgment of the High Court in ascertaining
or computing the prescribed period of limitation may be sufficient
cause within the meaning of this section.
10 [**** **** **** ****].
8. Inserted by the Limitation (Amendment) Ordinance, 1962 (43
of 1962), section 2 (with effect from the 7th June, 1962).
9. Substituted by the Indian Limitation (Amendment) Act, 1922 (10
of 1922), section 2, for "by any enactment or rule".
10. Section 5-A was temporarily inserted here for a period of
six months with effect from the 13th February, 1948, see the
Negotiable Instruments Act (Temporary Amendment) Ordinance, 1948 (6 of
1948), section 3 and the Ministry of Finance Notification No.
D-2702-F-48, dated the 11th May, 1948, Gazette of Pakistan, 1948, Pt. I,
p.258.
6. Legal disability.---(1) Where a person
entitled to institute a suit 12[or proceeding]or make an
application for the execution of a decree is, at the time from which the
period of limitation is to be
reckoned a minor, or insane, or an idiot, he may institute the
suit 12[or proceeding] or make the application within the same
period after the disability has ceased, as would otherwise have been
allowed from the time prescribed therefor in the third column of the
First Schedule 13[or in section 48 of the Code of Civil Procedure, 1908
Act (V of 1908).
(2) Where such person is, at the time from which the period
of limitation is to be reckoned, affected by two such disabilities,
or where, before his disability has ceased, he is affected by
another disability, he may
institute the suit or make the application within the same period, both
disabilities have ceased, as would otherwise have been allowed from the
time so prescribed.
(3) Where the disability continues up to the death of such person,
his legal representative may institute the suit or make the
application within the same period after the death as would otherwise
have been allowed from the time so prescribed.
(4) Where such representative is at the date of the death affected
by any such disability, the rules contained in subsections (1) and
(2) shall apply.
7. Disability of one of several plaintiffs or applicants.---Where one of several persons jointly entitled to institute a suit 14[or proceeding] or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, will run against them all; but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.
11. Sections 6 and 7 have been declared not to apply to suits,
appeals or applications under the Bengal Public Demands Recovery Act,
1913 (Ben. 3 of 1913).
12. Inserted by the Limitation (Amendment) Ordinance, 1962 (43
of 1962), section 3 (with effect from the 7th June, 1962).
13. Added ibid. (with effect from the 7th June, 1962).
14. Inserted ibid., section 4 (with effect from the 7th June,
1962).
8. Special exceptions. - Nothing in section 6 or in
section 7 applies to suits to enforce rights of pre-emption, or shall be
deemed to extend, for more than three years from the cessation of
the disability or the death of
the person affected thereby, the period within which any suit must be
instituted or application made.
9. Continuous running of time. - Where once time has
begun to run, no subsequent disability or inability to sue stops
it:
Provided that where letters or administration to the estate of
a creditor have been granted to his debtor, the running of the time
prescribed for a suit to recover the debt shall be suspended while the
administration continues.
15. Sections 8 has been declared not to apply to suits, appeals
or applications under the Bengal Public Demands Recovery Act, 1913
(Ben. 3 of 1913).
16. Section 9 has been declared not to apply to suits, appeals or
applications under ibid.
10. Suits against express trustees and their representatives. -
Notwithstanding anything hereinbefore contained, no suit against a person
in whom property has become vested in trust for any specific purpose, or
against his legal representatives or assigns (not being assigns for
valuable consideration), for the purpose of following in his or their
hands such property or the proceeds thereof, or for an account of such
property or proceeds, shall be barred by any length of time.
17[For the purposes of this section any property comprised in a
Hindu, Muhammadan or Buddhist religious or charitable endowment shall
be deemed to be property vested in trust for a specific purpose, and
the manager of any such property shall be deemed to be the trustee
thereof.
11. Suits on foreign contracts. - (1) Suits
instituted in 18[Pakistan on contracts entered into in a foreign country
are subject to the rules of limitation contained in this Act.
(2) No foreign rule of limitation shall be a defence to a
suit instituted in 17[Pakistan] on a contract entered into in
a foreign country, unless the rule has extinguished the contract and the
parties were domiciled in such
country during the period prescribed by such rule.
PART III
COMPUTATION OF PERIOD OF LIMITATION
12. Exclusion of time in legal proceedings. - (1) In
computing the period of limitation prescribed for any suit, appeal or
application, the day from which such period is to be reckoned shall be
excluded.
(2) In computing the period of limitation prescribed for an
appeal, an application for leave to appeal and an application for a
review of judgment, the day on which the judgment complained of was
pronounced, and the time requisite for obtaining a copy of the decree,
sentence or order appealed from or sought to be reviewed, shall be
excluded.
(3) Where a decree is appealed from or sought to be reviewed the
time requisite for obtaining a copy of the judgment on which it is
founded shall also be excluded.
17. Inserted by the Indian Limitation (Amendment) Act, 1929 (1
of 1929), section 2.
18. Substituted by the Central Laws (Statute Reform) Ordinance,
1960 (21 of 1960), section 3 and Second Schedule (with effect from the
14th October, 1955), for "the Provinces and the Capital of the
Federation" which were substituted by the A.O., 1949, for
"British India".
(4) In computing the period of limitation prescribed for an
application to set aside an award, the time requisite for obtaining a
copy of the award shall be excluded.
19(5) For the purposes of subsections (2), (3) and (4), the
time requisite for obtaining a copy of the decree, sentence, order,
judgment or award shall be deemed to be the time intervening between the day on which an application for the copy is made and the
day actually intimated to the applicant to be the day on which the
copy will be ready for delivery.
13. Exclusion of time of defendant's absence from Pakistan etc.
and certain other territories. - In computing the period of
limitation prescribed for any suit, the time during which the defendant
has been absent from 20[Pakistan] and from the territories
beyond 19[Pakistan] under the administration of 21[the
22[Federal] Government] 23[***] shall be
excluded.
14. Exclusion of time of proceeding bona fide in Court
without jurisdiction. - (1) In computing the period
of limitation prescribed for any suit, the time during which the
plaintiff has been prosecuting with due diligence another civil
proceeding, whether in a Court of first instance or in a Court of appeal,
against the defendant, shall be excluded, where the proceeding is founded
upon the same cause of action and is prosecuted in good faith in a Court
which, from defect of jurisdiction, or other cause of a like nature, is
unable to entertain it.
(2) In computing the period of limitation prescribed for any
application, the time during which the applicant has been prosecuting
with due diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the same party for
the same relief shall be excluded, where such proceeding is prosecuted in
good faith in a Court which, from defect of jurisdiction, or other cause
of a like nature, is unable to entertain it.
Explanation I. - In excluding the time during which a former suit
or application was pending, the day on which that suit or application
was instituted or made, and the day on which the proceedings
therein ended, shall both be counted.
19. Subsection (5) added by Limitation (Amendment) Act (XIII of
1991), section 2 (with effect from 6-7-1991).
20. Substituted by the Central Laws (Statute Reform) Ordinance,
1960 (21 of 1960), section 3 and Second Schedule (with effect from the
14th October, 1955), for "the Provinces and the Capital of the
Federation" which were substituted by the A.O., 1949, for "British
India".
21. Substituted by the A.O., 1937, for "the
Government".
22. Subs. for the word "Central" by Federal Adaptation
of Laws Order (P.O. 4 of 1975), by Art. 2 and Table dated 1-8-1975.
23. The words "or the Crown Representative" omitted by
the A.O., 1949.
Explanation II. - For the purposes of this section, a plaintiff or
an applicant resisting an appeal shall be deemed to be prosecuting
a proceeding.
Explanation III. - For the purposes of this section misjoinder
of parties or of causes of action shall be deemed to be a cause of a
like nature with defect of jurisdiction.
15. Exclusion of time during which proceedings are suspended. - (1)
In computing the period of limitation prescribed for any suit or
application for the execution of a decree, the institution or execution of
which has been stayed by injunction or order, the time of the continuance
of the injunction or order, the day on which it was issued or made, and
the day on which it was withdrawn, shall be excluded.
(2) In computing the period of limitation prescribed for any suit
of which notice has been given in accordance with the requirements of
any enactment for the time being in force, the period of such notice
shall be excluded.
16. Exclusion of time during which proceedings to set aside execution
sale are pending. - In computing the period of limitation prescribed for a suit
for possession by a purchaser at a sale in execution of a decree, the
time during which a proceeding to set aside the sale has been prosecuted
shall be excluded.
17. Effect of death before right to sue accrues. - (1) Where
a person, who would, if he were living, have a right to institute a suit or
make an application, dies before the right accrues, the period of
limitation shall be computed from the time when there is a legal
representative of the decreased capable of instituting or making such
suit or application.
(2) Where a person against whom, if he were living, a right
to institute a suit or make an application would have accrued dies
before the right accrues, the period of limitation shall be computed from
the time when there is a legal representative of the decreased
against whom the plaintiff may institute or make such suit or
application.
Nothing in subsections (1) and (2) applies to suits to enforce
rights of pre-emption or to suits for the possession of immovable
property or of an hereditary office.
18. Effect of fraud. - Where any person having a
right to institute a suit or make an application has, by means of fraud,
been kept from the knowledge of such right or of the title on which it is
founded.
or where any document necessary to establish such right has
been fraudulently concealed from him.
the time limited for instituting a suit or making an application -
(a) against the person guilty of the fraud or accessory thereto,
or
(b) against any person claiming through him otherwise than in
good faith and for a valuable consideration,
shall be computed from the time when the fraud first became known
to the person injuriously affected thereby, or, in the case of the
concealed document, when he first had the means of producing it or
compelling its production.
19. Effect of acknowledgment in writing. - (1)
Where, before the expiration of the period prescribed for a suit or
application in respect of any property or right, an acknowledgment of
liability in respect of such property or right has been made in writing
signed by the party against whom such property or right is claimed, or by
some person through whom he derives title or liability, a fresh period
of limitation shall be computed from the time when the acknowledgment
was so signed.
(2) Where the writing containing the acknowledgment is undated;
oral evidence may be given of the time when it was signed; but, subject
to the provisions of the Evidence Act, 1872, oral evidence of its
contents shall not be received.
Explanation I. - For the purposes of this section an
acknowledgment may be sufficient though it omits to specify the exact
nature of the property or right, or avers that the time for payment,
delivery, performance or enjoyment has not yet come, or is accompanied by
a refusal to pay, deliver, perform or permit to enjoy, or is coupled
with a claim to a set-off, or is addressed to a person other than the
person entitled to the property or right.
Explanation II. - For the purposes of this section,
"signed" means signed either personally or by an agent duly
authorised in this behalf.
Explanation III. - For the purposes of this section an application
for the execution of a decree or order is an application in respect of
a right.
20. Effect of payment on account of debt or of interest on legacy.
- (1) Where payment on account of a debt or of interest on a
legacy is made before the expiration of the prescribed period by the
person liable to pay the debt or legacy, or by his duly authorised agent,
a fresh period of limitation shall be computed from the time when
the payment was made:
24. Substituted by the Indian Limitation (Amendment) Act, 1942 (16
of 1942), section 2 for the original subsection (1).
25[Provided that 26{* * * *] an acknowledgment of the payment
appears in the handwriting of, or in a writing signed by, the person
making the payment.]
(2) Effect of receipt of produce of mortgaged land. - Where
mortgaged land is in the possession of the mortgagee, the receipt of the
rent or produce of such land shall be deemed to be a payment for the
purpose of subsection (1).
Explanation.---Debt includes money payable under a decree or order
of Court.
21. Agent of person under disability. - (1) The
expression "agent duly authorised in his behalf," in sections
19 and 20, shall, in the case of a person under disability include his
lawful guardian, committee, or manager or a agent duly authorised by such
guardian, committee or manager to sign the acknowledgment or make the
payment.
(2) Acknowledgment or payment by one of several joint
contractors, etc.- Nothing in the said section renders one of several
joint contractors, partners, executors or mortgagees chargeable by
reason only of a written acknowledgment signed or of a payment made by or
by the agent of, any other or others of them.
27(3) For the purposes of the said sections -
(a) an acknowledgment signed, or a payment made, in respect of
any liability, by, or by the duly authorised agent of, any widow or
other limited owner of property who is governed by the Hindu law, shall
be a valid acknowledgment or payment, as the case may be, as against
a reversioner succeeding to such liability; and
(b) where a liability has been incurred by, or on behalf, of, a
Hindu undivided family as such, an acknowledgment or, payment made by, or
by the duly authorised agent of, the manager of the family for the
time being shall be deemed to have been made on behalf of the whole
family.]
22. Effect of substituting or adding new plaintiff or defendant. -
(1) Where after the institution of a suit, a new plaintiff
of defendant is substituted or added, the suit shall, as regards him, be
deemed to have been instituted when he was so made a party.
25. Substituted by the Indian Limitation (Amendment) Act, 1927 (1
of 1927), section 2 for the original proviso.
26. The commas and words, "save in the case of a payment of
interest made before the 1st day of January, 1928" omitted by
Federal Laws (Revision and Declarations) Ordinance (XXVII of 1981),
Second Schedule, item 48, dated 8-7-1981.
27. Subsection (3) inserted by the Indian Limitation (Amendment)
Act, 1927 (1 of 1927), section 3.
(2) Nothing in subsection (1) shall apply to a case where a party
is added or substituted owing to an assignment or devolution of any
interest during the pendency of a suit or where a plaintiff is made a
defendant or a defendant is made a plaintiff.
23. Continuing breaches and wrongs. - In the
case of continuing breach of contract and in the case of a continuing
wrong independent of contract, a fresh period of limitation begins to run
at every moment of the time during which the breach or the wrong, as the
case may be, continues.
24. Suit for compensation for act no actionable without
special damage. - In 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.
PART IV
ACQUISITION OF OWNERSHIP BY POSSESSION
26. Acquisition of right to easements. - (1) Where
the access and use of light or air to and for any building have been
peaceably enjoyed therewith as an easement, and as of right, without
interruption, and for twenty years, and where any way or watercourse, or
the use of any water, or any other easement (whether affirmative or
negative) has been peaceably any openly enjoyed by any person claiming
title thereto as an easement and as of right without interruption, and
for twenty years, the right to such access and use of light or air, way,
watercourse, use of water, or other easement shall be absolute and
indefeasible.
Each of the said periods of twenty years shall be taken to be a
period ending within two years next before the institution of the
suit wherein the claim to which such period relates is contested.
(2) Where the property over which a right is claimed under
subsection (1) belongs to 28 [the 29Government], that
subsection shall be read as if for the words "twenty years" the
words "sixty years" were substituted.
Explanation. - Nothing is an interruption within the meaning of
this section, unless where there is an actual discontinuance of the
possession or enjoyment by reason of an obstruction by the act of some person
other than the claimant, and unless such obstruction is submitted to or
acquiesced in for one year after the claimant has notice thereof and of
the person making or authorising the same to be made.
27. Exclusion in favour of reversioner of servient tenement. - Where
any land or water upon, over or from which any easement has been enjoyed
or derived has been held under or by virtue of the interest for life or
any term of years exceeding three years from the granting thereof, the
time of the enjoyment of such easement during the continuance of such
interest or term shall be excluded in the computation of the period of
twenty years in case the claim is, within three years next after the
determination of such interest or term, resisted by the person entitled,
on such determination, to the said land or water.
28. Substituted by the A.O., 1937, for
"Government".
29. Substituted by P.O., 1961 (1 of 1961), Article 2 and Table
(with effect from the 23rd March, 1956), for "Crown".
PART V
SAVINGS AND REPEALS
29. Savings. - (1) Nothing in this Act shall affect
section 25 of the Contract Act, 1872.
(2) Where any special or local law prescribes for any suit, appeal
or application a period of limitation different from the period
prescribed therefor by the First Schedule, the provisions of section 3 shall apply, as if such period were prescribed therefor in
that Schedule, and for the purpose of determining any period of
limitation prescribed for any suit, appeal or application by any special
or local law -
(a) the provisions contained in section 4, sections 9 to 18,
and section 22 shall apply only in so far as, and to the extent to
which, they are not expressly excluded by such special or local law;
and
(b) the remaining provisions of the Act shall not apply.
(3) Nothing in this Act shall apply to suits under the Divorce
Act.
(4) Sections 26 and 27 and the definition of "easement"
in section 2 shall not apply to cases arising in territories to which
the Easements Act, 1882, may for the time being extend.
30 and 31. [Provision for suits for which the period prescribed
is shorter than that prescribed by the Indian Limitation Act, 1877.
Provision for suits by certain mortgagees in territories mentioned in the Second Schedule]. - Rep. by the Repealing and Amending Act,
1930 (VIII of 1930), section 3 and Second Schedule].
30. S.28 omitted by Limitation (Amendment) Act (II of 1995),
S.2, dated 18-10-1995.
31. Substituted by the Indian Limitation (Amendment) Act, 1922 (10
of 1922), section 3 for the original subsection (1).
32. The original subsections (2) and (3) were re-numbered as (3)
and (4) ibid.
32. (Repeals). - Repealed by the Second Repealing and Amending
Act, 1914 (XVII of 1914), Section 3 and Second Schedule.
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