Limitation (Emergency and War Conditions) Act, 1965

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THE LIMITATION (EMERGENCY AND WAR CONDITIONS) 
ACT, 1965 
 
 
 
CONTENTS 
 
1. Short title, extent and commencement 
 
2. Definitions 
 
3. Extension of limitation in affected areas 
 
4. Extension of limitation for suits etc., in certain circumstances 
  
 
 
 
 
 
 
 
 
 

 
 
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THE LIMITATION (EMERGENCY AND WAR CONDITIONS) ACT, 1965 
 
ACT NO. XVIII or 1965 
 
[2nd  December, 1965]  
 
An Act to extend the period of limitation in certain cases 
 
 WHEREAS it is  necessary to extend the period of limitation prescribed by law for suit s, 
appeals, applications and other proceedings or for doing any act or thing by the period during which 
it is not possible to institute suits or proceedings prefer appeals or make applications or to do any act 
or thing due to the displacement of persons from certain areas or due to persons having been detained 
in enemy territory in circumstances attributable to war or armed hostilities;  
 
 AND WHEREAS the national interest of Pakistan in relation to the achievement of 
uniformity within the meaning of clause  (2) of Article 131 of the Constitution requires 1[Federal] 
legislation in the matter;  
 
 It is hereby enacted as follows:⸻ 
 
 1. Short title , extent and commencement .⸻(1) This Act may be called the Limitation 
(Emergency and War Conditions) Act, 1965. 
 
  (2) It extends to the whole of Pakistan. 
 
  (3) It shall come into force at once and shall be deemed to have taken effect on the sixth day 
of September, 1965.   
 2. Definitions.—In this Act, unless there is anything repugnant in the subject or context,⸻ 
 
(a)  “affected area” means any area which the 1[Federal Government] may by 
notification in the official Gazette, declare to be an area affected by circum -
stances attributable to war or armed hostilities, and any such notification may 
be issued so as to have retrospective effect; 
 
(b)  “enemy subject” means any individual who possesses the nationality of a State 
which is at war with, or engaged in armed hostilities against, Pakistan, or who, 
having possessed such nationality at any time, has lost it without ac quiring 
another nationality, or any body of persons constituted or incor porated in or 
under the laws of such State; 
 
(c)  “enemy territory”  means any area under the sover eignty of, or administered 
by, or for the time being in the occupation of, a State which is at war with, or 
engaged in armed hostilities against, Pakistan, not being an area in the  
occupation of Pakistan, and in cludes any area which the 1[Federal 
Government] may, by notification in the official Gazette, declare, either 
generally or in r espect of any particular period, to be enemy territory for the 
purposes of this Act ; and  
 
 
1Subs. by F.A.O. 1975, Art, 2 and Table for “Central Government”. 
 
 
 
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 (d)  “period of limitation” means,⸻ 
 
(a)  in relation to a suit, appeal or application, the per iod of limitation 
prescribed therefor by the Limitation Act, 1908  (IX of 1908), or by or 
under any other law for the time being in force ; and 
 
(b)  in relation to any act or thing required to be done by any person by or 
under any law for the time being in force, the period within which such 
act or thing is required to be done. 
 
 3. Extension of limitation in affected  areas.⸻Where a period of limitation within which 
any suit, ap peal or application could have been instituted, preferred or made, or any act or thing 
could have been done, by a person displaced from any area, or before a court or other authority 
situated in any area, expires while such area is an affected area, such suit, appeal or application may 
be instituted, preferred or made, or such act or thing may be done, by such person, notwithstanding 
anything contained in the Limitation Act, 1908 (IX of 1908), or in any other law for the time being in 
force, within six months of such area ceasing to be an affected area. 
  
 Explanation.⸻Any person who was residing, carrying on business or working for gain, in 
any area, immediately before such area became an affected area, and has, while such area con tinues 
to be an affected area, left it and is, for that reason, unable to reside, carry on business or work for 
gain therein, shall, for the purposes of this section be deemed to be a person displaced from an 
affected area. 
 
 4. Extension of limitation for suits etc., in certain circumstances.⸻Where any person who 
could have instituted a suit , preferred an appeal or made an application, or could have done any act 
or thing required to be done by or under any law for the time being in force, has been detained in 
enemy territory in cir cumstances attributable to war or armed hostilities and the p eriod of limitation 
expires while such person is so detained, such suit, appeal or application may be instituted, preferred 
or made, or such act or thing may be done, by such person, notwith standing anything contained in 
the Limitation Act, 1908  (IX of 19 08), or in any other law for the time being in force, within six 
months, of such person ceasing to be so detained: 
   
 Provided that, where a person has been so detained for two or more periods, those periods 
shall be treated, for the purpose of this secti on, as one continuous period beginning with the 
beginning of the first period and ending with the end of the last period: 
 
  Provided further that this section shall not apply to suits instituted to enforce rights of pre -
emption or to suits, appeals  or applications of any description which may be instituted by enemy 
subjects.  
 
 
 
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RGN Date:-18.04.2024