The Limitation Act, 1908

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 :-

2*Limitation Act, 1908. (2) It extends to the whole of Pakistan.

This Act may be called the

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.

In this Act, unless there is anything repugnant in the subject or context,

“applicant” includes any person from or through whom an applicant derives his right to apply: (2) “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,

“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 : 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 Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s. 3. It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. 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 in that area with effect from the 1st June, 1951, see N.W.F.P. Gazette, Ext., dated the 1st June, 1951. The Act, as inforce in the North West Frontier Province immediately before the commencement of N.W.F.P. Regulation No. II of 1974, has been applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat, and Malakand Protected Area, by N.W.F.P. Regulation No. II of 1974, s. 3. 2The word “Indian” omitted by A. O., 1949. 3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3. and 2nd Sch. (with effect from the 14th October 1955), for the original sub-section (2) as amended by A. O., 1949 . 4Subs. by the Limitation (Amdt.) Ordinance, 1980 (62 of 1980), s. 2, for the original clause (2).

“defendant” includes any person from or through whom a defendant derives his liability to be sued:

“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 in, or attached to or subsisting upon, the land of another:

“foreign country” means any country other than Pakistan :

“good faith” : nothing shall be deemed to be done in good faith which is not done with due care and attention:

“plaintiff” includes any person from or through whom a plaintiff derives his right to sue : (9) “promissory note” has the same meaning as in the Negotiable Instruments Act, 1881 (XXVI of 1881);]

“suit” does not include an appeal or an application: and

“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. PART II LIMITATION OF SUITS, APPEALS AND APPLICATIONS

Subject to the provisions contained in sections 4 to 25 (inclusive), every suit institute, appeal preferred, and application made, after the period of limitation prescribed therefore by the first schedule shall be dismissed, although limitation has not been set up as a defence.

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. 1Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and Third Sch., for “British India”. 2The comma and words “but includes an Acceding state” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 2 and Second Sch. 3Subs. by Ordinance 62 of 1980, s.2, for the original clause (9).

Any appeal or application for a revision or a review of judgment or for leave to appeal or any other application to which this section may be made applicable 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.

Where a person entitled to institute a suit 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 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 therefore in the third column of the first schedule or in section 48 of the Code of Civil Procedure, 1908 (Act V of 1908).

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, after both disabilities have ceased, as would otherwise have been allowed from the time so prescribed.

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.

Where such representative is at the date of the death affected by any such disability, the rules contained in sub-sections (1) and (2) shall apply.

Where one of several persons jointly entitled to institute a suit 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, time 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.

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.

Where once time has begun to run, no subsequent dis- ability or inability to sue stops it :

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. 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.

Suits instituted in Pakistan on contracts entered into in a foreign country are subject to the rules of limitation contained in this Act.

No foreign rule of limitation shall be a defence to a suit instituted in 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

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.

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.

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.

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. 1Ins. by the Indian Limitation (Amdt.) Act, 1929 ( 1 of 1929),s. 2. 2Subs. by the Central laws (Statute) Reform Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch., for “the Province and Capital of the Federation” which had been subs. by A.O., 1949, for British India. (5) For the purposes of sub-sections (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.

In computing the period of limitation prescribed for any suit, the time during which the defendant has been absent from Pakistan and from the territories beyond Pakistan under the administration of the Federal Government shall be excluded.

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.

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.

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.

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. 1Added by Act XIII of 1991, s.2 2Subs. by the Central laws (Statute) Reform Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch., for “the Province and Capital of the Federation” which had been subs. by A.O., 1949, for British India. 3Subs. by A.O., 1937 for “the Govt”. 4Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government”. 5The words “or the Crown Representative” omitted by A. O. 1949.

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 prosecured shall be excluded.

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 deceased capable of instituting or making such suit or application.

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 deceased against whom the plaintiff may institute or make such suit or application,

Nothing in sub-sections (1) and (2) applies to suits to enforce rights of pre-emption or to suits for the possession of immoveable property or of an hereditary office.

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

Where, before the expiration of the period prescribed for a suit or application 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 which the acknowledgment was so signed.

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 (I of 1872) oral evidence of its contents shall not be received.

(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: [

The expression “agent duly authorized 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 an agent duly authorised by such guardian, committee or manager to sign the acknowledgment or make the payment.

Acknowledgement or payment by one of several joint contractors, etc. Nothing in the said sections 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. [(3) For the purposes of the said sections.

Where, after the institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party.

Nothing in sub-section (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.

In the case of a 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.

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.

All instruments shall, for the purposes of this Act, be deemed to be made with reference to the Gregorian calendar.

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 and 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 contested.

Where the property over which a right is claimed under sub-section (1) belongs to the the Government, that sub-section shall be read as if for the words “twenty years” the words “sixty years” were substituted.

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 any 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.

[Omitted.]

of 1872). [(1) Nothing in this Act shall affect section 25 of the contract Act, 1872 (IX 1The word “Govt.” was first subs. by A. O., 1937 and then amended by A. O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). to read as above. 2Omitted by Act II of 1995,s 2. 3Subs. by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 3, for the original sub-section (1).

[Repealed.]

[Repealed.]

by the Second Repealing and Amending Act, 1914 (XVII of 1914), s. 3 and Second Schedule. 1The original sub-sections (2) and (3) were re-numbered as (3) and (4), by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 3.