Tuesday, 5 March 2013

Limitation Act, 1908 (Pakistan)


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. 
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 
 
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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