Limitation Act, 1908 (Pakistan) pdf free download

Limitation Act, 1908 (Pakistan) pdf 

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Limitation Act, 1908 (Pakistan) pdf 

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
Limitation Act, 1908.
(2) It extends to the whole of Pakistan.]
(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) "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 [Pakistan] :
(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) "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.

 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 [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 therefore, 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.

6. Legal disability.---

(1) 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 therefor in the third
column of the First Schedule 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.
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.

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.
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 [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.