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Limitation Act, 1908

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THE LIMITATION ACT, 1908

THE FIRST SCHEDULE LIMITATION

THE SECOND AND THIRD SCHEDULES [Repealed.]

THE LIMITATION ACT, 1908 1ACT NO. IX OF 1908 [7th August, 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

Section 1. Short title, extent and commencement

2*Limitation Act, 1908.

3[(2) It extends to the whole of Pakistan.]

(1) This Act may be called the

(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.

Section 2. Definitions

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

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

4[(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 :

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).

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

(6) “foreign country” means any country other than 1[Pakistan 2* * *]:

(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 :

3[(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

Section 3. Dismissal of suits, etc., instituted, etc., after period of limitation

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.

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 wound up by the Court, when the claimant first sends in his claim to the official liquidator.

Section 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.

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).

Section 5. Extension of period in certain cases

Any appeal or application for 1[a revision or] a review of judgment or for leave to appeal or any other application to which this section may be made applicable 2[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.

3* * * * * * *

Section 6. Legal disability

(1) Where a person entitled to institute a suit 4[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 4[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 1[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, after 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 sub-sections (1) and (2) shall apply.

Illustrations

(a) The right to sue for the hire of a boat accrues to A during his minority. He attains majority four years after such accruer. He may institute his suit at any time within three years from the date of his attaining majority.

(b) A right to sue accrues to Z during his minority. After the accruer, but while Z is still a minor, he becomes insane. Time runs against Z from the date when his insanity and minority cease.

(c) A right to sue accrues to X during his minority. X dies before attaining majority, and is succeed by Y, his minor son. Time runs against Y from the date of his attaining majority.

1Ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s. 2.

2Subs. by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 2, for “by any enactment or rule”.

3A section 5A was temporarily ins. here for a period of six months with effect from the 13th February 1948, see the Negotiable Instruments. Act (Temporary Amdt.) Ordinance, 1948 (6 of 1948), s. 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.

4lns. by Ord. 43 of 1962, s. 3.

Section 7. Disability of one of several plaintiffs or applicants

Where one of several persons jointly entitled to institute a suit 1[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.

Illustrations

(a) A incurs a debt to a firm of which B, C and D are partners. B is insane, and C is a

minor. D can give a discharge of the debt without the concurrence or B and C. Time runs against B, C and D.

(b) A incurs a debt to a firm of which E, F and G are partners. E and F are insane, and G is a minor. Time will not run against any of them until either E or F becomes sane, or G attains majority.

28. 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.

Illustrations

(a) A, to whom a right to sue for a legacy has accrued during his minority, attains majority eleven years after such accruer. A has, under the ordinary law, only one year remaining within which to sue. But under section 6 and this section an extension of two years will be allowed him, making in all a period of three years from the date of his attaining majority, within which he may bring his suit.

(b) A right to sue for an hereditary office accrues to A who at the time is insane. Six years after the accruer A recovers his reason. A has six years, under the ordinary law, from the date when his insanity ceased within which to institute a suit. No extension of time will be given him under section 6 read with this section.

(c) A right to sue as landlord to recover possession from a tenant accrues to A, who is an

idiot. A dies three years after the accruer, his idiocy continuing up to the date of his

death. A’s representative in interest has, under the ordinary law, nine years from the date of A’s death within which to bring a suit. Section 6 read with this section does not extend that time, except where the representative is himself under disability when the representation devolves upon him.

1Ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s. 3.

2 Ins. by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929),s.2.

Section 9. Continuous running of time

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

Provided that where letters of 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.

Section 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.

1[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.]

Section 11. Suits on foreign contracts

(1) Suits instituted in 2[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 2[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

Section 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.

(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.

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.

1[(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.]

Section 13. Exclusion of time of defendants, absence from Pakistan and certain other territories

In computing the period of limitation prescribed for any suit, the time during which the defendant has been absent from 2[Pakistan] and from the territories beyond 2[Pakistan] under the administration of 3[the 4[Federal Government]] 5* * * shall be excluded.

Section 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.

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 cause of action shall be deemed to be a cause of a like nature with defect of jurisdiction.

Section 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.

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.

Section 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 prosecured shall be excluded.

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

(3) 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.

Section 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.

Section 19. Effect of acknowledgment in writing

(1) 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.

(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 (I of

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 authorized 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.

Section 20. Effect of payment on account of debt or of interest on legacy

1[(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:]

2[Provided that 3* * * an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment.]

(2) Effect to receipt of procedure 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 sub-section (1).

Explanation. Debt includes money payable under a decree or order of Court.

Section 21. Agent of person under disability

(1) 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.

(2) 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.

4[(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.]

1Subs. by the Indian Limitation (Amdt.) Act, 1942 (16 of 1942), s. 2, for the original sub-section (1).

2Subs. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s. 2 for the original proviso.

3The commas and words “save in the case of payment of interest made before the 1st day of January, 1928,” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Second Sch., 4Sub-section (3) ins. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s. 3.

Section 22. Effect of substituting or adding new plaintiff or defendant

(1) 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.

(2) 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.

Section 23. Continuing breaches and wrongs

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.

Section 24. Suit for compensation for act not actionable without special damage

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.

Illustration A owns the surface of a field. B owns the subsoil. B digs coal thereout without causing any immediate apparent injury to the surface, but at last the surface subsides. The period of limitation in the case of a suit by A against B runs from the time of the subsidence.

Section 25. Computation of time mentioned in instruments

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

(a) A Hindu makes a promissory note bearing a Native date only, and payable four months after date. The period of limitation applicable to a suit on the note runs from the expiration of four months after date computed according to the Gregorian calendar.

(b) A Hindu makes a bond, bearing a Native date only, for the repayment of money within one year. The period of limitation applicable to a suit on the bond runs from the expiration of one year after date computed according to the Gregorian calendar.

PART IV

ACQUISITION OF OWNERSHIP BY POSSESSION

Section 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 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.

(2) Where the property over which a right is claimed under sub-section (1) belongs to the 1[the Government], that sub-section 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 authorizing the same to be made. Illustrations

(a) A suit is brought in 1911 for obstructing a right of way. The defendant admits the obstruction, but denies the right of way. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto as an easement and as of right, without interruption from 1st January 1890 to 1st January 1910. The plaintiff is entitled to judgment.

(b) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. The defendant proves that the plaintiff, on one occasion during the twenty years, had asked his leave to enjoy the right. The suit shall be dismissed.

Section 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 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. Illustration A sues for a declaration that he is entitled to a right of way over B’s land. A proves that he has enjoyed the right for twenty-five years; but B shows that during ten of these years C, Hindu widow, had a life interest in the land, that on C’s death B became entitled to the land, and that within two years after C’s death he contested A’s claim to the right. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years.

228. * * * * * * *

PART V

SAVINGS AND REPEALS

Section 29. Savings

of 1872). 3[(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).

(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 this Act shall not apply.]

1[(3)] Nothing in this Act shall apply to suits under the Divorce Act (IV of 1869). 1[(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 (V of 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), s. 3 and Second Schedule.

32. [Repeals.] Rep. 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.

THE FIRST SCHEDULE

(See section 3) FIRST DIVISION : SUITS

Description of suit. Period of limitation. Time from which period beings to

run.

1. — To contest an award of the Board of Revenue Under the Waste Lands (Claims) Act, 1863 (XXII of 1863).

2. — For compensation for doing or for omitting to do an act alleged to be in pursuance of any enactment in force for the time being in 1[Pakistan.]

3. — Under the Specific Relief Act, 1877 (I of 1877), section 9, to recover possession

of immoveable property. 2* * * Part I.—Thirty days. Thirty days .. Part II.—Ninety days. Ninety days. .. Part III.—Six months. Six months. .. * When notice of the award is delivered to the plaintiff. When the act or omission takes

place. When the dispossession occurs. * * *

1Subs. 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 Province and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”.

2Article 4 relating to suits under the Employers and Workmen (Disputes) Act, 1860, omitted by the Repealing and Amending Act, 1937 (20 of 1937) s.3 and Second Schedule.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. 5.— Under the summary procedure referred to in section 128 (2) (f) of the Code of Civil Procedure, 1908 (V of 1908) 2[where the provision of such summary procedure does not exclude the ordinary procedure in such suits3* *]. 1[Part IV.—One year]. 4[One year] .. 5* * * One year .. 7[One year] .. 7[One year] .. When the debt or liquidated demand becomes payable or when the property becomes recoverable. 6.— Upon a Statute, Act, Regulation or Byelaw, for a penalty or forfeiture. When the penalty or forfeiture is incurred. 7.— For the wages of a household servant, artisan or labourer 6* * *. When the wages accrue due. 8.— For the price of food or drink sold by the keeper of a hotel, tavern or lodging

house. When the food or drink is delivered.

1 Ins. by the Indian Limitation (Amdt.) Act, 1925 (30 of 1925), s.2.

2 Added ibid. 3 The words “and under Order XXXVII of the said Code” omitted by the Civil Procedure and Limitation (Amdt.) Ordinance, 1961 (9 of 1961).

4 Subs. by Act 30 of 1925, s.2, for “Six months.” 5 The heading “Part IV.—One year” omitted, ibid.

6 The words “not provided for by this Schedule, Article 4” omitted by the Repealing and Amending Act, 1939 (34 of 1939) s.2 and First Sch.

7 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. 9.— For the price of lodging. Part IV.—One year—contd. 1[One year] .. 1[One year]. .. 1[One year]. .. 1[One year]. … When the price becomes payable. 10.—To enforce a right of pre- emption whether the right is founded on law, or general usage, or on special contract. When the purchaser takes, under the sale sought to be impeached, physical possession of the whole of the property sold, or where the subject of the sale does not admit of physical possession, when the instrument of sale is registered. 11.—By a person, against whom any of the following orders has been made to establish the right which he claims to the property comprised in the order :

The date of the order.

(1) Order under the Code of Civil Procedure, 1908 (V of 1908), on a claim preferred to, or an objection made to the attachment of, property attached in execution of a decree;

2* * * 11A.—By a person against whom an order has The date of the order.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

2 Clause (2) omitted by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.3 and Second Sch.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. been made under the Code of Civil Procedure, 1908 (V of 1908), upon an application by the holder of a decree for the possession of immoveable property or by the purchaser of such property sold in execution of a decree complaining of resistance or obstruction to the delivery of possession thereof, or upon an application by any person dispossessed of such property in the delivery of possession thereof to the decree-holder or purchaser, to establish the right which he claims to the present possession of the property comprised in the

order. Part IV.—One year—contd. 1[One year] .. 12.— To set aside any of the following sales :-

(a) sale in execution of a decree of a Civil Court;

When the sale is confirmed, or would otherwise have become final and conclusive had no such suit been brought.

(b) sale in pursuance of a decree or order of a Collector or other officer of revenue;

1Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

THE FIRST SCHEDULE.—contd.

FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run.

(c) sale for arrears of Government revenue, or for any demand recoverable as such arrears;. Part IV.—One year—contd. 1[One year]. .. 1[One year]. .. 1[One year]. ..

(d) sale of a patni taluo sold for current arrears of rent. Explanation.—In this article “patni” includes any intermediate tenure saleable for current arrears of rent. 13.—To alter or set aside a decision or order of a Civil Court in any proceeding other than a suit. The date of the final decision or order in the case by a Court competent to determine it finally. 14.—To set aside any act or order of an officer of Government in his official capacity, not herein otherwise expressly

provided for. The date of the act or order. 15.—Against Government to set aside any attachment, lease or transfer of immoveable property by the revenue- authorities for arrears of Government revenue. When the attachment, lease or transfer is made.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”

THE FIRST SCHEDULE.—contd.

FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. 16.—Against Government to recover money paid under protest in satisfaction of a claim made by the revenue authorities on account of arrears of revenue or on account of demands recoverable as such arrears. Part IV.—One year—contd. 1[One year]. .. 1[One year]. .. 1[One year]. .. 1[One year]. .. 1[One year]. .. 1[One year]. .. 1[One year]. .. When the payment is made. 17.—Against Government for compensation for land acquired for public purposes. The date of determining the amount of the compensation. 18.—Like suit for compensation when the acquisition is not completed. The date of the refusal to complete. 19.—For compensation for false imprisonment. When the imprisonment ends. 20.—By executors, administrators or representative under the Legal Representatives’ Suits Act, 1855 (XII of 1855). The date of the death of the person wronged. 21.—By executors, administrators or representatives under the Fatal Accidents Act, 1855 (XIII of 1855). The date of the death of the person killed. 22.—For compensation for any other injury to the person. When the injury is committed.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”

THE FIRST SCHEDULE.—contd.

FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. 23.—For compensation for a malicious prosecution. Part IV.—One year—contd. 1[One year] .. 1[One year] .. 1[One year] .. 1[One year] .. 1[One year] .. 1[One year] .. 1[One year] .. 1[One year] .. 1[One year] .. When the plaintiff is acquitted, or the prosecution is otherwise terminated. 24.—For compensation for libel. When the libel is published. 25.—For compensation for slander. When the words are spoken, or, if the words are not actionable in themselves, when the special damage complained of results. 26.—For compensation for loss of service occasioned by the seduction of the plaintiff’s servant or daughter. When the loss occurs. 27.—For compensation for inducing a person to break a contract with the plaintiff. The date of the breach. 28.—For compensation for and illegal, irregular or excessive distress. The date of the distress. 29.—For compensation for wrongful seizure for moveable property under legal process. The date of the seizure. 30.—Against a carrier for compensation for losing or injuring goods. When the loss or injury occurs. 31.—Against a carrier for compensation for non delivery of, or delay in delivering, goods. When the goods ought to be delivered.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. Part V.—Two years. When the perversion first becomes known to the person injured thereby. When the wrong complained of is

done.

Ditto.

Ditto. When the malfeasance, misfeasance or nonfeasance takes

place. The date of the obstruction. The date of the diversion. The date of the trespass. 32.—Against one who having a right to use property for specific purposes, perverts it to other purposes. Two years .. 33.—Under the Legal Representatives’ Suits Act, 1855 (XII of 1855), against an executor. 1[Two years] .. 34.—Under the same Act against an administrator. 1[Two years] .. 35.—Under the same Act against any other representative. 1[Two years] .. 36.—For compensation for any malfeasance, misfeasance or nonfeasance independent of contract and not herein specially provided for. 1[Two years] .. Part VI.—Three years. 37.—For compensation for obstructing a way or a watercourse. Three years .. 38.—For compensation for diverting a water course. 1[Three years] 39.—For compensation for trespass upon immoveable property. 1[Three years]

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run.

40. —For compensation for infringing copyright or any other exclusive privilege.

41. —To restrain waste .. 42.—For compensation for injury caused by an injunction wrongfully obtained.

43. —Under the 2[Succession Act, 1925 (XXXIX of 1925), section 360 or section 361,] to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets.

44. —By a ward who has attained majority, to set aside a transfer or property by his guardian. 3 * * * Part VI.—Three years—

contd. 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] * The date of the infringement. When the waste begins. When the injunction ceases. The date of the payment or distribution. When the ward attains majority. * * *

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

2 Subs. by the Repealing and Amending Act, 1930 (8 of 1930), s.2 and First Sch., for “Indian Succession Act, 1865, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140”.

3 Articles 45 and 46 omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. 47.—By any person bound by an order respecting the possession of immoveable property made under the Code of Criminal Procedure, 1898 (V of 1898), 2* * * or by any one claiming under such person, to recover the property comprised in such

order. Part VI.—Three years-contd. 1[Three years] 1[Three years] Three years .. Three years .. The date of the final order in the

case. 48.—For specific moveable property lost or acquired by theft, or dishonest mis- appropriation or conversion, or for compensation for wrongfully taking or detaining the same. When the person having the right to be possession of the property first learns in whose possession it

is. 3[48A.—To recover moveable property conveyed or bequeathed in trust, deposited or pawned, and afterwards bought from the trustee, depositary or pawnee for a valuable consideration. When the sale becomes known to the plaintiff. 3[48B.—To set aside sale of moveable property comprised in a Hindu, Muhammadan or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. When the sale becomes known to the plaintiff.]

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

2 The words, commas and figures “or the Mamlatdars’ Courts Act, 1906,” omitted by A.O., 1949. 3 Entries 48A and 48B ins. by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929), s.3.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. 49.—For other specific moveable property, or for compensation for wrongfully taking or injuring or wrongfully detaining the

same. Part VI.—Three years—contd. 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] When the property is wrongfully taken or injured, or when the detainer’s possession becomes unlawful. 50.—For the hired of animals, vehicles, boats or household furniture. When the hire becomes payable. 51.—For the balance of money advanced in payment of goods to be delivered. When the goods ought to be delivered. 252.—For the price of goods sold and delivered, where no fixed period of credit is agreed upon. The date of the delivery of the goods. 253.—For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit. When the period of credit expires.

54. —For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given.

55. —For the price of trees or growing crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon.

56. —For the price of work done by the plaintiff for the defendant at his request, where no time has been fixed or payment. 257.—For money payable for money lent. When the period of the proposed bill elapses. The date of the sale. When the work is done. When the loan is made.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

2 For period of limitation for these and certain other suits in the Province of the Punjab, see the Punjab Loans Limitation Act, 1904 (Punjab 1 of 1904), and s.29 (1) (b) of this Act.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. 58.—Like suit when the lender has given a cheque for the

money. 259.—For money lent under an agreement that it shall be payable on demand. 60.—For money deposited under an agreement that it shall be payable on demand, including money of a customer in the hands of his banker so payable. 261.—For money payable to the plaintiff for money paid for the defendant. 62.—For money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff’s

use. 263.—For money payable for interest upon money due from the defendant to the plaintiff. 264.—For money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them.

[3] Section 64A. —Under Order XXXVII of the Code of Civil Procedure. Part VI

Three years—contd. 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] Three years When the cheque is paid. When the loan is made. When the demand is made. When the money is paid. When the money is received. When the interest becomes due. When the accounts are stated in writing signed by the defendant or his agent duly authorized in this behalf, unless where the debt is, by a simultaneous agreement in writing signed as aforesaid, made payable at a future time, and then when that time arrives. When the debt becomes payable.].

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

2 See foot-note1 under article 52, supra. 3 Articles 64A ins. by the Civil Procedure and Limitation (Amdt.) Ordinance, 1961 (9 of 1961), s.3.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

2 See foot-note 1 under article 52, supra.

Description of suit. Period of limitation. Time from which period beings to

run. 65.—For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency. 266.—On a single bond, where a day is specified for payment. 267.—On a single bond, where no such day is specified. 268.—On a bond subject to a condition. 269.—On a bill of exchange or promissory note payable at a fixed time after date. 270.—On a bill of exchange payable at sight or after sight, but not at a fixed time. 271.—On a bill of exchange accepted payable at a particular place.

72. —On a bill of exchange or promissory note payable at a fixed time after sight or after demand.

73. —On a bill of exchange or promissory note payable on demand and not accompanied by any writing restraining or postponing the right to sue. Part VI.—Three years—contd. 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] When the time specified arrives or the contingency happens. The day so specified. The date of executing the bond. When the condition is broken. When the bill or note falls due. When the bill is presented. When the bill is presented at that

place. When the fixed time expires. The date of the bill or note.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

2 See foot-note 1 under article 52, supra.

Description of suit. Period of limitation. Time from which period beings to

run. 74.—On a promissory note or bond payable by instalments. Part VI.—Three years—contd. 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] The expiration of the first term of payment as to the part then payable; and for the other parts the expiration of the respective terms of payment. 75.—On a promissory note or bond payable by instalments, which provides that if default be made in payment of one or more instalments, the whole shall be due. When the default is made, unless where the payee or obligee waives the benefit of the provision, and then when fresh default is made in respect of which there is not such waiver. 276.—On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen. The date of the delivery to the

payee. 277.—On a dishonoured foreign bill where protest has been made and notice give. When the notice is given. 278.—By the payee against the drawer of a bill of exchange which has been dishonoured by non-acceptance. The date of the refusal to accept.

Section 279. —By the acceptor of an accommodation

bill against the drawer. When the acceptor pays the amount of the bill. 280.-Suit on a bill of exchange, promissory note or bond not herein expressly provided

for. When the bill, note or bond becomes payable. 81.—By a surety against .. the principal debtor. When the surety pays the creditor.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run.

82. —By a surety against a co- surety.

83. —Upon any other contract to indemnify.

84. —By an attorney or vakil for his cost of a suit or a particular business, there being no express agreement as to the time when such costs are to be paid.

85. —For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties.

86. —2[(a) On a policy of insurance when the sum insured in payable after proof of the death has been given to or received by the insurers.

(b) On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers.]

87. —By the assured to recover premia paid under a policy voidable at the election of the insurers.

Section 88. —Against a factor for an account. Part VI

Three years—contd. 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] When the surety pays any thing in excess of his own share. When the plaintiff is actually damnified. The date of the termination of the suit or business, or (Where the attorney or vakil property discontinues the suit or business) the date of such discontinuance. The close of the year in which the last item admitted or proved is entered in the account; such year to be computed as in the account. 2[(a) The date of the death of the deceased.

(b) The date of the occurrence causing the loss.] When the insurers elect to avoid the policy. When the account is during the continuance of the agency, demanded and refused or, where no such demand is made when the agency terminates.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

2 Subs. for the original entry, by s. 122 of the Insurance Act, 1938 ( 4 of 1938), as a mended by the Insurance (Amdt.) Act, 1941 (13 of 1941), s. 68.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run.

89. —By a principal against his agent for moveable property received by the latter and not accounted for.

90. —Other suits by principals against agents for neglect or misconduct.

91. —To cancel or set aside an instrument not otherwise

provided for.

92. —To declare the forgery of an instrument issued or registered.

93. —To declare the forgery of an instrument attempted to be enforced against the plaintiff.

94. —For property which the plaintiff has conveyed while insane.

95. —To set aside a decree obtained by fraud, or for other relief on the ground of

fraud.

96. —For relief on the ground of mistake.

Section 97. —For money paid upon an existing consideration which afterwards fails. Part VI

Three years—contd. 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years]

Ditto. When the neglect or misconduct becomes known to the plaintiff. When the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him. When the issue or registration becomes known to the plaintiff. The date of the attempt. When the plaintiff is restored to sanity, and has knowledge of the conveyance. When the fraud becomes known to the party wronged. When the mistake becomes known to the plaintiff. The date of the failure.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. 98.—To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. Part VI.—Three years—contd. 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] 1[Three years] The date of the trustee’s death, or, if the loss has not then resulted, the date of the loss. 99.—For contribution by a party who has paid the whole or more than his share of the amount due under a joint decree, or by a sharer in a joint estate who has paid the whole or more than his share of the amount of revenue due from himself and his co-sharers. The date of the payment in excess of the plaintiff’s own share. 100.—By a co-trustee to enforce against the estate of a deceased trustee a claim for contribution. When the right to contribution accrues. 101.—For a seaman’s wages. The end of the voyage during which the wages are earned. 102.—For wages not other wise expressly provided for by this schedule. When the wages accrue due. 103.— By a 2[Muslim] for exigible dower (mu’ajjal). When the dower is demanded and refused or (where, during the continuance of the marriage no such demand has been made, when the marriage is dissolved by death or divorce.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run.

104. —By a 1[Muslim] for deferred dower (mu’wajjal).

105. —By a mortgagor after the mortgage has been satisfied, to recover surplus collections received by the mortgagee.

106. —For an account and a share of the profits of a dissolved partnership.

107. —By the manager of a joint estate of an undivided family for contribution, in respect of a payment made by him on account of the estate.

108. —By a lessor for the value of trees cut down by his lessee contrary to the terms of the

lease.

109. —For the profits of immoveable property belonging to the plaintiff which have been wrongfully received by the defendant.

110. —For arrears of rent .. 111.— By a vendor of immoveable property for personal payment of unpaid purchase money.

Section 112. —For a call by a company registered under any Statute or Act. Part VI

Three years—contd. 2[Three years] 2[Three years] 2[Three years] 2[Three years] 2[Three years] 2[Three years] 2[Three years] 2[Three years] 2[Three years] When the marriage is dissolved by death or divorce. When the mortgagor re-enters on the mortgaged property. The date of the dissolution. The date of the payment. When the trees are cut down. When the profits are received. When the arrears become due. The time fixed for completing the sale, or (where the title is accepted after the time fixed for completion) the date of the acceptance. When the call is payable.

1 Subs. by F.A.O., 1975 Art.2 and Table, for “Muhammadan”.

2Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to run.

Section 113. —For specific performance of a contract. Part VI

Three years—

contd. 1[Three years] 1[Three years] 1[Three years] Part VII.—Six years. Six years .. .. 1[Six years] 1[Six years] 1[Six years] 1[Six years] Part VIII— Twelve years. 1[Twelve years] The date fixed for the performance, or, if no such date is fixed, when the plaintiff has notice that performance is refused. 114.—For the rescission of a contract. When the facts entitling the plaintiff to have the contract rescinded first become known to him. 115.—For compensation for the breach of any contract, express or implied, not in writing registered and not herein specially provided for. When the contract is broken, or (where there are successive breaches) when the breach in respect of which the suit is instituted occurs, or (where the breach is continuing) when it ceases. 116.—For compensation for the breach of a contract in writing registered. When the period of limitation would begin to run against a suit brought on a similarly contract not registered. 117.—Upon a foreign judgment as defined in the Code of Civil Procedure, 1908 (V of 1908). The date of the judgment. 118.—To obtain a declaration that an alleged adoption is invalid, or never, in fact, took

place. When the alleged adoption becomes known to the plaintiff. 119.—To obtain a declaration that an adoption is valid. When the rights of the adopted son, as such, are interfered with. 120.—Suit for which no period of limitation is

provided elsewhere in this schedule. When the right to sue accrues. 121.—To avoid incumbrances or under-tenures in an entire estate sold for arrears of When the sale becomes final and conclusive.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. Government revenue, or in a patni taluq or other saleable tenure sold for arrears of rent. Part VIII.—contd. Twelve years 2[Twelve years] 2[Twelve years] 2[Twelve years] 2[Twelve years] 122.—Upon a judgment obtained in 1[Pakistan], or a recognizance. The date of the judgment or recognizance. 123.—For a legacy or for a share of a residue bequeathed by a testator, or for a distributive share of the property of an intestate. When the legacy or share becomes payable or deliverable. 124.—For possession of an hereditary office. When the defendant takes possession of the office adversely to the plaintiff. Explanation.—An hereditary office is possessed when the profits thereof are usually received, or (if there are no profits) when the duties thereof are usually performed. 125.—Suit during the life of a Hindu or 3[Muslim] female by a Hindu or 3[Muslim] who, if the female died at the date of instituting the suit, would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void except for here life or until her remarriage. The date of the alienation.

1 Subs. 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 Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”.

2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run.

126. —By a Hindu governed by the law of the Mitakshara to set aside his father’s alienation of ancestral property.

127. —By a person excluded from joint family property to enforce a right to share therein.

Section 128. —By a Hindu for arrears of maintenance. Part VIII

Twelve Years—contd. 1[Twelve years] 1[Twelve years] 1[Twelve years] 1[Twelve years] 1[Twelve years] 1[Twelve years] 1[Twelve years] When the alience takes possession of the property. When the exclusion becomes known to the plaintiff. When the arrears are payable. 129.—By a Hindu for a declaration of his right to maintenance. When the right is denied. 130.—For the resumption or assessment of rent-free land. When the right to resume or assess the land first accrues. 131.—To establish a periodically recurring right. When the plaintiff is first refused the enjoyment of the right. 132.—To enforce payment of money charged upon immoveable property. When the money sued for becomes

due. 2[Explanation.—For the purposes of this article—

(a) the allowance and fees respectively called malikana and haqqs, and

(b) the value of any agricultural or other produce the right to receive which is secured by a charge upon immoveable property, 3[and

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

2 Subs. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s.4 (1), for the original Explanation.

3 Ins. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929) s. 9.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run.

(c) advances secured by mortgage by deposit of title-deeds], shall be deemed to be money charged upon immoveable property.], 1* * * 134.—To recover possession of immoveable property conveyed or bequeathed in trust or mortgaged and afterwards transferred by the trustee or mortgagee for a valuable consideration. 4[134A.—To set aside a transfer of immoveable property comprised in a Hindu, 5[Muslim] or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. 134B.—By the manager of a Hindu, 5[Muslim] or Buddhist religious or charitable endowment to recover possession of immoveable property comprised in the endowment which has been transferred by a previous manager for valuable consideration. Part VIII.— Twelve Years—contd. * 2[Twelve years] Twelve years Twelve years * * * 3[When the transfer becomes known to the plaintiff.] When the transfer becomes known to the plaintiff. The death, resignation or removal of the transferor.

1 Article 133 omitted by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929), s.3.

2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

3 Subs. by Act 1 of 1929, s.3, for “the date of the transfer”.

4 Articles 134A, 134B and 134C, ins. by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929), s.3.

5 Subs. by F.A.O., 1975, Art.2 and Table, for “Muhammadan”.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. 134C.—By the manager of a Hindu, 1[Muslim] or Buddhist religious or charitable endowment to recover possession of moveable property comprised in the endowment which has been sold by a previous manager for a valuable consideration. 135.—Suit instituted in a Court 2[other than a High Court] by a mortgage for possession of immoveable property mortgaged. Part VIII.— Twelve Years—contd. Twelve years 3[Twelve years] 3[Twelve years] 3[Twelve years] 3[Twelve years] 3[Twelve years] The death, a resignation or removal of the seller.] When the mortgagor’s right to possession determine. 136.—By a purchaser at a private sale for possession of immoveable property sold when the vendor was out of possession at the date of the sale. When the vendor is first entitled to possession. 137.—Like suit by a purchaser at a sale in execution of a decree when the judgment debtor was out of possession at the date of the sale. When the judgment-debtor is first entitled to possession. 138.—Like suit by a purchaser at a sale in execution of a decree, when the judgment debtor was in possession at the date of the sale. The date when the sale becomes absolute. 139.—By a landlord to recover possession from a tenant. When the tenancy is determined.

1 Subs. by F.A.O, 1975, Art. 2 and Table, for “Muhammadan”.

2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., for “not established by Royal Charterl” (with effect from the 14th October, 1955).

3 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run.

140. — By a remainderman, a reversioner (other than a landlord) or a devisee, for possession of immoveable property.

141. — Like suits by a Hindu or 2[Muslim] entitled to the possession of immoveable property on the death of a Hindu or 2[Muslim] female.

142. — For possession of immoveable property when the plaintiff while in possession of the property, has been dispossessed or has discontinued the possession.

143. —Like suit, when the plaintiff has become entitled by reason of any forfeiture or breach of condition. 3* * *

Section 145. —Against a depositary or pawnee to recover Part VIII

Twelve Years—contd. 1[Twelve years] 1[Twelve years] 1[Twelve years] 1[Twelve years] * Part IX.— Thirty years. Thirty years When his estate falls into possession. When the female dies. The date of the dispossession or discontinuance. When the forfeiture is incurred or the condition is broken. * * * The date of the deposit or pawn.

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”.

3Omitted by Act. II of 1995, s.3.

THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. moveable property deposited or pawned. Part IX.—Thirty Years.—contd. 2[Thirty years] 2[Thirty years] Part X.—Sixty

years. Sixty years 2[Sixty years] 146.— Before a 1[High Court] in the exercise of its ordinary original civil jurisdiction by a mortgagee to recover from the mortgagor the possession

of immoveable property mortgaged. When any part of the principal or interest was last paid on account of the mortgage-debt. 146A.—By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued

the possession. The date of the dispossession or discontinuance. 147.— By a mortgagor for foreclosure or sale. When the money secured by the mortgage becomes due. 148.— Against a mortgagee to redeem or to recover possession

of immoveable property mortgaged. When the right to redeem or to recover possession accrues :

Provided that all claims to redeem arising under instruments of mortgage

1 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. for “Court established by Royal Charter” (with effect from the 14th October, 1955).

2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

THE FIRST SCHEDULE.—contd.

FIRST DIVISION : SUITS—contd.

Description of suit. Period of limitation. Time from which period beings to

run. Part X.— Sixty Years—

contd. 2[Sixty years] .. of immoveable property situate in Lower, Burma which had been executed before the first day of May, 1863, shall be governed by the rules of limitation in force in that Province immediately before the same day. 149.—1[Any suit by or on behalf of the 3[Federal Government] or any [Provincial Government] 4[except a suit before the 5[Supreme Court] in the exercise of its original jurisdiction]. When the period of limitation would begin to run under this Act against a like suit by a private person.

SECOND DIVISION : APPEALS

Description of Appeal. Period of limitation. Time from which period begins to

run. 150.— Under the Code of Criminal Procedure, 1898 (V of 1898, from a sentence of death passed by a Court of Session 6[or by a High Court in the exercise of its original Criminal Jurisdiction]. 7[Thirty days] .. The date of the sentence.

1 The original words “Any suit by or on behalf of the Secretary of State for India in Council,” have successively been amended by A.O., 1937, and A.O., 1949, to read as above.

2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”.

4 Ins. by the Indian Limitation (Amdt.) Act, 1937 (14 of 1937), s.2.

5 Subs. by A.O., 1961, Art. 2 and Sch., for “Federal Court” (with effect from the 23rd March, 1956).

6 Added by the Criminal Procedure Amdt. Act, 1943 (26 of 1943), s.8.

7Subs. by the Limitation (Amdt.) Act, 2023, S.2.

THE FIRST SCHEDULE.—contd.

SECOND DIVISION : APPEALS—contd.

Description of Appeal. Period of limitation. Time from which period beings to

run. 1* * * * * * * The date of the decree or order. The date of the decree or order appealed from. The date of the order. The date of the sentence or order appealed from. The date of the sentence or order appealed from. 151.— From a decree or order of 2[a High Court] in the exercise of its original jurisdiction. Twenty days .. 152.— Under the Code of Civil Procedure, 1908 (V of 1908), to the Court of a District

Judge. Thirty days .. 153.— Under the same Code to a High Court from an order of a Sub- ordinate Court refusing leave to appeal to 4[the Supreme Court.] 3[Thirty days] 154.— Under the Code of Criminal Procedure, 1898 (V of 1898), to any Court other than a High Court. 3[Thirty years] 155.— Under the same Code to a High Court, except in the cases provided for by article 150 and article 157. Sixty days ..

1 Article 150A which was inserted by the Criminal Law Amdt. Act, 1923 (12 of 1923), s. 42 has been omitted by the Criminal law (Extinction of Discriminatory Privileges) Act, 1949 (2 of 1950), s.2 and Sch. 2 The original words “any of the High Courts of Judicature at Fort William, Madras and Bombay or the Chief Court of the Punjab or the Chief Court of Lower Burma” have successively been amended by the Repealing and Amending Act, 1930 (8 of 1930), A.O., 1937, A.O., 1949 and the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above.

3 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

4 Subs. by .A.O., 1961, Art. 2 and Sch., for “His Majesty in Council” (with effect from the 23rd March, 1956).

THE FIRST SCHEDULE.—contd.

SECOND DIVISION : APPEALS—contd.

Description of Appeal. Period of limitation. Time from which period beings to

run. 156.— Under the Code of Civil Procedure, 1908 (V of 1908), to a High Court, except in the cases

provided for by article 151 and article 153. Ninety days .. The date of the decree or order appealed from. 157.— Under the Code of Criminal Procedure, 1898 (V of 1898), from an order of acquittal. Six months .. The date of the order appealed

from.

THIRD DIVISION : APPLICATIONS.

Description of application. Period of limitation. Time from which period begins to

run. 1[158.— Under the Arbitration Act, 1940 (X of 1940), to set aside an award or to get an award remitted for reconsideration. Thirty days .. The date of service of the notice of filling of the award.] 159.— For leave to appear and defend a suit under summary procedure referred to in section 128 (2)(f) 2[or under Order XXXVII] of the 3[Code of Civil Procedure, 1908 (V of 1908)]. 4[Ten days] .. When the summons in served. 160.— For an order under the same Code, to restore to the file an application for review Fifteen days .. When the application for review is rejected.

1 Subs. (from the 1st July, 1940) by the Arbitration Act, 1940 (10 of 1940), s. 49 (2) and Fourth Sch., for Art. 158 which was previously amended by the Repealing and Amending Act, 1919 (18 of 1919), s.2 and First Sch.

2 Ins. by the Indian Limitation (Amdt.) Act, 1925 ( 30 of 1925), s.3

3 Subs. by Act 10 of 1940, Fourth Sch., for “same Code” (from 1st July, 1940).

4 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.

THE FIRST SCHEDULE.—contd. THIRD DIVISION : APPLICATIONS—contd.

Description of application. Period of limitation. Time from which period beings to

run. rejected in consequence of the failure of the applicant to appear when the application was called on for hearing. 161.— For a review of judgment by a 1* Court of Small Causes 2* * * or by a Court invested with the jurisdiction of a 1* Court of Small Causes when exercising that jurisdiction. 3[Fifteen days] The date of the decree or order. 162.— For a review of judgment by 4[a High Twenty days The date of the decree or order.

1 The word “provincial” omitted by the Berar Laws Act, 1941 (4 of 1941), s.2 and Third Sch. (with effect from the 1st August, 1941). 2 The parentheses and words “(other than Presidency Small Cause Court)” which were ins. ibid. (with effect from the 1st August, 1941), have been

omitted by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.3 and Second Sch.

3 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and 1st Sch., for “Ditto”.

4 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “any of *[the following Courts, namely] the †[High Court of East Bengal, the High Court, at Lahore] and the Chief Court of Sind”.* Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s.2 and First Sch. *The original words were “High Courts of Judicature at Fort William, Madras, and Bombay or the Chief Court of the Punjab or the Chief Court of Lower Burma”. The Sind Courts (Supplementary) Act, 1926 (34 of 1926) which was to come into force on the commencement of the Sind Courts Act, 1926 (Bom. 7 of 1926), directed the insertion of the words “or the Chief Court of Sind” after the word “Bombay”. Though this amendment had not come into force the words “Bombay, Lahore and Rangoon and the Chief Court of Sind” were subs. for the words “and Bombay or the Chief Court of Sind or the Chief Court of the Punjab or the Chief Court of Lower Burma” by Act 10 of 1927, s.2 and First

Sch. for the words “Lahore and Rangoon”.

THE FIRST SCHEDULE.—contd. THIRD DIVISION : APPLICATIONS—contd.

Description of application. Period of limitation. Time from which period beings to

run. Court] in the exercise of its original jurisdiction. 1* *

163. — By a plaintiff, for an order to set aside a dismissal for default of appearance or for failure to pay costs of service of process or to furnish security for

costs.

164. — By a defendant, for an order to set aside a decree passed ex

parte.

165. — Under the Code of Civil Procedure, 1908 (V of

1908) by a person dispossessed

of immoveable property and disputing the right of the decree holder or purchaser at a sale in execution of a decree to be put into possession. * * Thirty days .. 2[Thirty days] .. 2[Thirty days] .. * * * The date of the dismissal. The date of the decree or where the summons was not duly served, when the applicant has knowledge of the decree. The date of the dispossession.

the words “Lahore, Rangoon and Nagpur” were subs. by the C.P. Courts (Supplementary) Act, 1935 (8 of 1935), s.2 and Sch., and the word “Rangoon” was omitted by A.O., 1937. Lastly A.O., 1949, substituted “High Courts of Judicature at Fort William, Madras, Bombay, Lahore and Nagpur” by “High Court of East Bengal, the High Court at Lahore”. 1 Article 162A as ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s.5 has been omitted by the Limitation (Amdt.) Act, 1965, (11 of 1965), s.2.

2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and Firstt Sch., for “Ditto”.

THE FIRST SCHEDULE.—contd.

THIRD DIVISION : APPLICATION—contd.

Description of application. Period of limitation. Time from which period beings to run. 166.— Under the same Code to set aside a sale in execution of a decree 1[including any such application by a Judgment-debtor.] 2[Thirty days] .. The date of the sale. 167.— Complaining of resistance or obstruction to delivery of possession of immoveable property decreed or sold in execution of a decree. 2[Thirty days] .. The date of the resistance or obstruction. 168.— For the readmission of an appeal dismissed for want of prosecution. 2[Thirty days] .. The date of the dismissal. 169.— 170.— For the re-hearing of an appeal heard ex parte. For leave to appeal as a pauper. 2[Thirty days] 2[Thirty days] .. .. The date of the decree in appeal, or, where notice of the appeal was not duly served, when the applicant has knowledge of the decree. The date of the decree appealed from. 171.— Under the Code of Civil Procedure, 1908 (V of 1908), 3[by the legal representative of a deceased plaintiff or defendant for setting aside an order or Judgment made or pronounced in his absence]. Sixty days.. 4[The date of the order or judgment] 172.— Under the same Code by the assignee or the receiver of an insolvent plaintiff or appellant for an order to set aside the dismissal of a suit or an appeal. 2[Sixty days] .. The date of the order of dismissal.

1 Ins. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s.4 (2).

2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First, Sch., for “Ditto”.

3 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “an order to set aside an abatement”.

4 Subs. ibid., s.2 and Sch., for “the date of the abatement”.

THE FIRST SCHEDULE.—contd.

THIRD DIVISION : APPLICATIONS

contd.

Description of application. Period of limitation. Time from which period beings to

run. 173.— For a review of judgment except in the cases

provided for by article 161 and article 162. Ninety days .. The date of the decree or order. 174.— For the issue of a notice under the same Code, to show cause why any payment made out of Court of any money payable under a decree or any adjustment of the decree should not be recorded as certified. 1[Ninety days] When the payment or adjustment is made. 175.— For payment of the amount of a decree by installments. Six months .. The date of the decree. 176.— Under the same Code to have the legal representative of a deceased plaintiff or of a deceased appellant made a

party. 2[Ninety days] The date of the death of the deceased plaintiff or appellant. 177.— Under the same Code to have the legal representative of a deceased defendant or of a deceased respondent made a

party. 1[Ninety days] The date of the death of the deceased defendant or respondent. 3[178.—Under the Arbitration Act, 1940 (X of 1940), for the filling in Court of an award. Ninety days .. The date of service of the notice of making of the award].

1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), for “Ditto”.

2 Subs. by the Indian Limitation and Code of Civil Procedure (Amdt.) Act, 1920 (26 of 1920), s.2, for “Ditto”.

3 Subs. by the Arbitration Act, 1940 (10 of 1940), Fourth Sch., for the original Art. 178 (with effect from the 1st July, 1940).

THE FIRST SCHEDULE.—contd. THIRD DIVISION : APPLICATION—contd.

Description of application. Period of limitation. Time from which period beings to

run.

179. — By a person desiring to appeal under the 1[Code of Civil Procedure, 1908 (V of 1908)] to 2[the Supreme Court] for leave to appeal.

180. — By a purchaser of immoveable property at a sale in execution of a decree for delivery of possession.

181. — Applications for which no period of limitation is provided elsewhere in this schedule or by section 48 of the Code of Civil

Procedure, 1908 ( V of 1908). 5*

* * 183.— To enforce a judgment, decree or order of any 6[High Court] in the exercise of its ordinary original civil jurisdiction, or an 3[Ninety days] Three years .. 4[Three years] * 7[Six years] .. The date of the decree appealed

from. When the sale becomes absolute. When the right to apply accrues. * * * When a present right to enforce the judgment, decree or order accrues to some person capable of releasing the right :

1 Subs. by the Arbitration Act, 1940 (10 of 1940), Fourth Sch., for “same Code” (with effect from the 1st July, 1940).

2 Subs. by A.O., 1961, Art. 2 and Sch. for “His Majesty in Council” (with effect from the 23rd March, 1956).

3 Subs. by the Indian Limitation and Code of Civil Procedure (Amdt.) Act, 1920 (26 of 1920), s.2, for “Ditto”.

4 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), for “Ditto”.

5 Article 182 omitted by the Law Reforms Ordinance, 1972 (12 of 1972) s.2 and Sch., which was previously amended by Ord. 43 of 1962, s.5.

6 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. for “Court established by Royal Charter” (with effect from the 14th October, 1955).

7 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “Twelve years”.

THE FIRST SCHEDULE.—contd. THIRD DIVISION : APPLICATION—contd.

Description of application. Period of limitation. Time from which period beings to

run. order of 1[the supreme

Provided that when the judgment, Court]. decree or order has been revived, or some part of the principal money secured thereby, or some interest on such money has been paid, or some acknowledgment of the right thereto has been given in writing signed by the person liable to pay such principal or interest or his agent, to the person entitled thereto or his agent, the twelve years shall be computed from the date of such revivor, payment or acknowledgment or the latest of such revivors, payments or acknowledgments, as the case may

be.

THE SECOND SCHEDULE.—[TERRITORIES REFERRED TO IN SECTION 31.] Rep. by the Repealing and Amending Act, 1930 (VIII of 1930), s.3 and Second Schedule.

THE THIRD SCHEDULE.—[ENACTMENTS REPEALED.]

Rep. by the Second Repealing and Amending Act, 1914 (XVII of 1914), s.3 and Second Schedule.

1 Subs. by F.A.O. 1961, Art. 2 and Sch., for “His Majesty in Council” (with effect from the 23rd March, 1956).

Print contents from the source
CONTENTS 
PART I 
PRELEMINARY 
 
1. Short title, extent and commencement 
 
2. Definitions 
 
PART II 
LIMITATION OF SUITS, APPEALS AND APPLICATIONS 
 
3. Dismissal of suits, etc., instituted, etc., after period of limitation 
 
4. Where Court is closed when period expires 
 
5. Extension of period in certain cases 
 
6. Legal disability 
 
7. Disability of one of several plaintiffs or applicants 
 
8. Special exceptions 
 
9. Continuous running of time 
 
10. Suits against express trustees and their representatives 
 
11. Suits on foreign contracts 
 
PART III 
COMPUTATION OF PERIOD OF LIMITATION 
 
12. Exclusion of time in legal proceedings 
 
13. Exclusion of time of defendants, absence from Pakistan and certain other territories 
 
14. Exclusion of time of proceeding bona fide in Court without jurisdiction 
 
15. Exclusion of time during which proceedings are suspended 

Page 2 of 47  
16. Exclusion of time during which proceedings to set aside execution-sale are pending 
 
17. Effect of death before right to sue accrues 
 
18. Effect of fraud 
 
19. Effect of acknowledgment in writing 
 
20. Effect of payment on account of debt or of interest on legacy. 
Effect of receipt of produce of mortgaged land 
 
21. Agent of person under disability 
Acknowledgement or payment by one of several joint contractors, etc 
 
22. Effect of substituting or adding new plaintiff or defendant 
 
23. Continuing breaches and wrongs 
 
24. Suit for compensation for act not actionable without special Damage 
 
25. Computation of time mentioned in instruments 
 
PART IV 
ACQUISITION OF OWNERSHIP BY POSSESSION 
 
26. Acquisition of right to easements 
 
27. Exclusion in favour of reversioner of servient tenement 
 
28. Extinguishment of right to property [omitted] 
 
Part V 
SAVING AND REPEALS 
 
29. Savings 
 
30. [Repealed.] 
to 32.
Compare the original stored transcription

Exact source transcription retained, including print layout and extraction artifacts. Text SHA-256: 841e784d4b21b0b1649c2c20482634235c8a58f6b37755475af1404eb3e492c4.

Page 1 of 47  
 
 
THE LIMITATION ACT, 1908 
 
 
 
 
 
CONTENTS 
PART I 
PRELEMINARY 
 
1. Short title, extent and commencement 
 
2. Definitions 
 
PART II 
LIMITATION OF SUITS, APPEALS AND APPLICATIONS 
 
3. Dismissal of suits, etc., instituted, etc., after period of limitation 
 
4. Where Court is closed when period expires 
 
5. Extension of period in certain cases 
 
6. Legal disability 
 
7. Disability of one of several plaintiffs or applicants 
 
8. Special exceptions 
 
9. Continuous running of time 
 
10. Suits against express trustees and their representatives 
 
11. Suits on foreign contracts 
 
PART III 
COMPUTATION OF PERIOD OF LIMITATION 
 
12. Exclusion of time in legal proceedings 
 
13. Exclusion of time of defendants, absence from Pakistan and certain other territories 
 
14. Exclusion of time of proceeding bona fide in Court without jurisdiction 
 
15. Exclusion of time during which proceedings are suspended 

Page 2 of 47  
16. Exclusion of time during which proceedings to set aside execution-sale are pending 
 
17. Effect of death before right to sue accrues 
 
18. Effect of fraud 
 
19. Effect of acknowledgment in writing 
 
20. Effect of payment on account of debt or of interest on legacy. 
Effect of receipt of produce of mortgaged land 
 
21. Agent of person under disability 
Acknowledgement or payment by one of several joint contractors, etc 
 
22. Effect of substituting or adding new plaintiff or defendant 
 
23. Continuing breaches and wrongs 
 
24. Suit for compensation for act not actionable without special Damage 
 
25. Computation of time mentioned in instruments 
 
PART IV 
ACQUISITION OF OWNERSHIP BY POSSESSION 
 
26. Acquisition of right to easements 
 
27. Exclusion in favour of reversioner of servient tenement 
 
28. Extinguishment of right to property [omitted] 
 
Part V 
SAVING AND REPEALS 
 
29. Savings 
 
30. [Repealed.] 
to 32. 
 
 
 
 
THE FIRST SCHEDULE 
LIMITATION 
 
THE SECOND AND THIRD SCHEDULES 
[Repealed.] 
Page 3 of 47  
THE LIMITATION ACT, 1908 
1ACT NO. IX OF 1908 
[7th August, 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. 
2*Limitation Act, 1908. 
 
3[(2) It extends to the whole of Pakistan.] 
 
 
(1) This Act   may be   called the 
 
(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 is anything repugnant in the subject or context, 
(1) “applicant” includes any person from or through whom an applicant derives his right 
to apply: 
 
4[(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 : 
 
 
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). 
Page 4 of 47  
(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 in, or attached to or subsisting upon, the land of another: 
 
(6) “foreign country” means any country other than 1[Pakistan 2* * *]: 
(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 : 
 
3[(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 suits, etc., instituted, etc., after period of limitation. 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 b y 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 wound 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. 
 
 
 
 
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). 
Page 5 of 47  
5. Extension of period in certain cases. Any appeal or application for 1[a revision or] a 
review of judgment or for leave to appeal or any other application to which this section may be  made 
applicable 2[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. 
 
3* * * * * * * 
 
6. Legal disability. (1) Where a person entitled to institute a suit 4[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 4[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 1[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, after  
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 sub-sections (1) and (2) shall apply. 
 
Illustrations 
 
(a) The right to sue for the hire of a boat accrues to A during his min ority. He attains  
majority four years after such accruer. He may institute his suit at any time within  
three years from the date of his attaining majority. 
 
(b) A right to sue accrues to Z during his minority. After the accruer, but while Z is still a  
minor, he becomes insane. Time runs against Z from the date when his insanity and  
minority cease. 
 
(c) A right to sue accrues to X during his minority. X dies before attaining majority, and 
is succeed by Y, his minor son. Time runs against Y from the date of his attaining 
majority. 
 
1Ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s. 2. 
2Subs. by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 2, for “by any enactment or rule”. 
3A section 5A was temporarily ins. here for a period of six months with effect from the 13th February 1948, see the Negotiable Instruments. Act 
(Temporary Amdt.) Ordinance, 1948 (6 of 1948), s. 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. 
4lns. by Ord. 43 of 1962, s. 3. 
Page 6 of 47  
7. Disability of one of several plaintiffs or applicants. Where one of several persons  
jointly entitled to institute a suit 1[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. 
 
Illustrations 
(a) A incurs a debt to a firm of which B, C an d D are partners. B is insane, and C is a  
minor. D can give a discharge of the debt without the concurrence or B and C. Time  
runs against B, C and D. 
 
(b) A incurs a debt to a firm of which E, F and G are partners. E and F are insane, and G 
is a minor. Time will not run against any of them until either E or F becomes sane, or  
G attains majority. 
 
28.   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. 
 
Illustrations 
 
(a) A, to whom a right to sue for a legacy has accrued during his minority, attains 
majority eleven years after such accruer. A has, under the ordinary law, only one year  
remaining within which to sue. But under section 6 and this section an extension of  
two years will be allowed him, making in all a period of three years from the date o f 
his attaining majority, within which he may bring his suit. 
 
(b) A right to sue for an hereditary office accrues to A who at the time is insane. Six years 
after the accruer A recovers his reason. A has six years, under the ordinary law, from  
the date when his insanity ceased within which to institute a suit. No extension of time 
will be given him under section 6 read with this section. 
 
(c) A right to sue as landlord to recover possession from a tenant accrues to A, who is an  
idiot. A dies three years after the  accruer, his idiocy continuing up to the date of his  
death. A’s representative in interest has, under the ordinary law, nine years from the  
date of A’s death within which to bring a suit. Section 6 read with this section does 
not extend that time, except where the representative is himself under disability when  
the representation devolves upon him. 
 
 
 
 
1Ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s. 3. 
2 Ins. by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929),s.2. 
Page 7 of 47  
 
9. Continuous running of time. Where once time has begun to run, no subsequent dis - 
ability or inability to sue stops it : 
 
Provided that where letters of administration to the estate of a creditor have been granted to  
his debtor, the running of the time pres cribed 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 ve sted 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. 
 
1[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 2[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 2[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. 
 
(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. 
 
 
 
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. 
Page 8 of 47  
1[(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.] 
 
13. Exclusion of time of defendants, absence from Pakistan and certain other 
territories. In computing the period of limitation prescribed for any suit, the time during which the  
defendant has been absent from 2[Pakistan] and from the territories beyond 2[Pakistan] under the  
administration of 3[the 4[Federal Government]]        5*        * * 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 th e 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 rel ief 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. 
 
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 cause 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. 
 
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. 
Page 9 of 47  
 
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  
prosecured 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  
deceased 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 deceased against whom the  
plaintiff may institute or make such suit or application, 
 
(3) 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. 
 
18. Effect of fraud. Where any person  having a right to institute a suit or make an 
application has, b y 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 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 derive s title or liability, a fresh  
period of limitation shall be computed from the time which 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, subj ect to the provisions of the Evidence Act. 1872 (I of  
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 
Page 10 of 47  
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 authorized 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[(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:] 
 
2[Provided that 3* * * an acknowledgment of the payment appears in the handwriting of, or 
in a writing signed by, the person making the payment.] 
 
(2) Effect to receipt of procedure 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 sub-section (1). 
 
Explanation. Debt includes money payable under a decree or order of Court. 
 
21. Agent of person under disability. (1) 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. 
 
(2) 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. 
 
4[(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 prope rty 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.] 
 
 
1Subs. by the Indian Limitation (Amdt.) Act, 1942 (16 of 1942), s. 2, for the original sub-section (1). 
2Subs. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s. 2 for the original proviso. 
3The commas and words “save in the case of payment of interest made before the 1st day of January, 1928,” omitted by the Federal Laws (Revision and 
Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Second Sch., 
4Sub-section (3) ins. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s. 3. 
Page 11 of 47  
22. Effect of substituting or adding new plaintiff or defendant. (1) 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. 
 
(2) 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. 
 
23. Continuing breaches and wrongs. In the case of a continuing breach of cont ract 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 not actionable  without special damage. 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. 
 
Illustration 
A owns the surface of a field. B owns the subsoil. B digs coal thereout without causing any  
immediate apparent injury to the surface, but at last the surface subsides. The period of limitation in  
the case of a suit by A against B runs from the time of the subsidence. 
 
25. Computation of time mentioned in instruments. All instruments shall, for the 
purposes of this Act, be deemed to be made with reference to the Gregorian calendar. 
Illustrations 
 
(a) A Hindu makes a promissory note bearing a  Native date only, and payable 
four months after date. The period of limitation applicable to a suit on the note  
runs from the expiration of four months after date computed according to the  
Gregorian calendar. 
 
(b) A Hindu makes a bond, bearing a Native date only, for  the repayment of  
money within one year. The period of limitation applicable to a suit on the  
bond runs from the expiration of one year after date computed according to the 
Gregorian calendar. 
 
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 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. 
Page 12 of 47  
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. 
 
(2) Where the property over which a right is claimed under sub -section (1) belongs to the  
1[the Government], that sub-section 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 unle ss such obstruction is submitted to or acquiesced  
in for one year after the claimant has notice thereof and of the person making or authorizing the same 
to be made. 
Illustrations 
 
(a) A suit is brought in 1911 for obstructing a right of way. The defendant admits 
the obstruction, but denies the right of way. The plaintiff proves that the right  
was peaceably and openly enjoyed by him, claiming title thereto as an 
easement and as of right, without interruption from 1st January 1890 to 1st  
January 1910. The plaintiff is entitled to judgment. 
 
(b) In a like suit the plaintiff shows that the right  was peaceably and openly  
enjoyed by him for twenty years. The defendant proves that the plaintiff, on  
one occasion during the twenty years, had asked his leave to enjoy the right. 
The suit shall be dismissed. 
 
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 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. 
Illustration 
A sues for a declaration that he is entitled to a right of way over B’s land. A proves that he  
has enjoye d the right for twenty -five years; but B shows that during ten of these years C,  Hindu 
widow, had a life interest in the land, that on C’s death B became entitled to the land, and that within  
two years after C’s death he contested A’s claim to the right. T he suit must be dismissed, as A, with  
reference to the provisions of this section, has only proved enjoyment for fifteen years. 
 
228. * * * * * * * 
 
PART V 
SAVINGS AND REPEALS 
29. Savings. 
of 1872). 
3[(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). 
Page 13 of 47  
(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 this Act shall not apply.] 
 
1[(3)] Nothing in this Act shall apply to suits under the Divorce Act (IV of 1869). 
1[(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 (V of 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), s. 3 and Second Schedule. 
 
32. [Repeals.] Rep. 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. 
Page 14 of 47  
THE FIRST SCHEDULE 
 
(See section 3) 
FIRST DIVISION : SUITS 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
1. — To contest an award of the  
Board of Revenue Under the 
Waste Lands (Claims) Act,  
1863 (XXII of 1863). 
 
 
2. — For compensation for doing  
or for omitting to do an act  
alleged to be in pursuance of 
any enactment  in force for 
the time being in 
1[Pakistan.] 
 
 
3. — Under the Specific Relief 
Act, 1877 (I of 1877), 
section 9, to recover 
possession  of 
immoveable property. 
 
2* * * 
Part I.—Thirty days. 
Thirty days .. 
 
 
Part II.—Ninety days. 
Ninety days. .. 
 
 
 
 
Part III.—Six months. 
Six months. .. 
 
 
 
* 
 
 
When notice of the award is 
delivered to the plaintiff. 
 
 
 
When the act or omission takes 
place. 
 
 
 
 
 
 
When the dispossession occurs. 
 
 
 
 
* * * 
 
 
 
 
 
 
 
 
 
 
 
1Subs. 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 Province 
and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. 
2Article 4 relating to suits under the Employers and Workmen (Disputes) Act, 1860, omitted by the Repealing and Amending Act, 1937 (20 of 1937) 
s.3 and Second Schedule. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 15 of 47 
 
 
 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
5.— Under the summary 
procedure referred to in 
section 128 (2) (f) of the 
Code of Civil Procedure, 
1908 (V of 1908) 2[where 
the provision  of such 
summary procedure 
does not exclude the 
ordinary procedure in such 
suits3* *]. 
1[Part IV.—One year]. 
 
4[One year] .. 
 
 
 
 
 
 
 
5* *  * 
One year  .. 
 
 
7[One year] .. 
 
 
7[One year] .. 
 
 
When the debt or liquidated 
demand becomes payable or when  
the property becomes recoverable. 
 
6.— Upon a Statute, Act, 
Regulation or Byelaw, for a  
penalty or forfeiture. 
 
When the penalty or forfeiture is 
incurred. 
 
7.— For the wages of a 
household servant, artisan or 
labourer 6*  *  *. 
 
When the wages accrue due. 
8.— For the price of food or 
drink sold by the keeper of a 
hotel, tavern or lodging 
house. 
When the food or drink is 
delivered. 
 
 
 
 
 
 
 
 
 
 
1 Ins. by the Indian Limitation (Amdt.) Act, 1925 (30 of 1925), s.2. 
2 Added ibid. 
3 The words “and under Order XXXVII of the said Code” omitted by the Civil Procedure and Limitation (Amdt.) Ordinance, 1961 (9 of 1961). 
4 Subs. by Act 30 of 1925, s.2, for “Six months.” 
5 The heading “Part IV.—One year” omitted, ibid. 
6 The words “not provided for by this Schedule, Article 4” omitted by the Repealing and Amending Act, 1939 (34 of 1939) s.2 and First Sch. 
7 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 16 of 47 
 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
9.— For the price of lodging. 
Part IV.—One 
year—contd. 
 
1[One year] .. 
 
1[One year]. .. 
 
 
 
 
 
 
1[One year]. .. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1[One year]. … 
 
 
When the price becomes payable. 
 
10.—To enforce a right of pre- 
emption whether the right is  
founded on law, or general  
usage, or on special 
contract. 
 
When the purchaser takes, under 
the sale sought to be impeached,  
physical possession of the whole  
of the property sold, or where the  
subject of the sale does not admit  
of physical  possession, when the  
instrument of sale is registered. 
11.—By a person, against whom  
any of the following orders  
has been made to establish  
the right which he claims to  
the property comprised in 
the order : 
The date of the order. 
(1) Order under the Code of 
Civil Procedure, 1908 (V of 
1908), on a    claim 
preferred  to,  or  an 
objection made  to the 
attachment   of, property 
attached in execution of a 
decree; 
 
2* * *  
 
11A.—By a person against whom 
an order has 
 
The date of the order. 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
2 Clause (2) omitted by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.3 and Second Sch. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 17 of 47 
 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
been made under the Code of 
Civil Procedure, 1908 (V of 
1908), upon an application by the  
holder of a decree for the 
possession of immoveable 
property or by the purchaser of 
such property sold in execution of  
a decree complaining of 
resistance or obstruction to the 
delivery of possession thereof, or  
upon an application by any person 
dispossessed of such property in  
the delivery of possession thereof 
to the decree -holder or purchaser,  
to establish the right which he 
claims to the present possession 
of the property comprised in the  
order. 
Part IV.—One 
year—contd. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
1[One year] .. 
 
12.— To set aside any of the 
following sales :- 
 
(a) sale in execution of a 
decree of a Civil Court; 
When the sale is confirmed, or 
would otherwise have become 
final and conclusive had no such  
suit been brought. 
(b) sale in pursuance of a 
decree or order of a 
Collector or other officer 
of revenue; 
 
 
 
 
 
 
 
 
 
 
 
1Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
THE FIRST SCHEDULE.—contd. 
Page 18 of 47 
 
 
 
 
FIRST DIVISION : SUITS—contd. 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
(c) sale for arrears of 
Government revenue, or for  
any demand recoverable as  
such arrears;. 
Part IV.—One 
year—contd. 
 
 
 
 
 
 
 
 
 
 
 
 
 
1[One year]. .. 
 
 
 
1[One year]. .. 
 
 
 
 
1[One year]. .. 
 
(d) sale of a patni taluo sold for 
current arrears of rent. 
 
Explanation.—In this article 
“patni” includes any 
intermediate tenure saleable  
for current arrears of rent. 
 
13.—To alter or set aside a 
decision or order of a Civil  
Court in any proceeding 
other than a suit. 
The date of the final decision or  
order in the case by a Court 
competent to determine it finally. 
14.—To set aside any act or order  
of an officer of Government  
in his official capacity, not  
herein otherwise expressly 
provided for. 
The date of the act or order. 
15.—Against Government to set 
aside any attachment, lease  
or transfer of immoveable 
property by the revenue- 
authorities for arrears of 
Government revenue. 
When the attachment, lease or 
transfer is made. 
 
 
 
 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto” 
THE FIRST SCHEDULE.—contd. 
Page 19 of 47 
 
 
 
 
FIRST DIVISION : SUITS—contd. 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
16.—Against Government to 
recover money paid under 
protest in satisfaction of a 
claim made by the revenue  
authorities on account of 
arrears of revenue or on 
account of demands 
recoverable as such arrears. 
Part IV.—One 
year—contd. 
 
1[One year]. .. 
 
 
 
 
 
 
 
1[One year]. .. 
 
 
 
1[One year]. .. 
 
 
1[One year]. .. 
 
 
1[One year]. .. 
 
 
1[One year]. .. 
 
 
 
1[One year]. .. 
 
 
When the payment is made. 
17.—Against Government for 
compensation for land 
acquired for public 
purposes. 
The date of determining the 
amount of the compensation. 
18.—Like suit for compensation 
when the acquisition is not  
completed. 
The date of the refusal to 
complete. 
19.—For compensation for false 
imprisonment. 
When the imprisonment ends. 
20.—By executors, administrators 
or representative under the 
Legal Representatives’ Suits  
Act, 1855 (XII of 1855). 
The date of the death of the person 
wronged. 
21.—By executors, administrators 
or representatives under the  
Fatal Accidents Act, 1855 
(XIII of 1855). 
The date of the death of the person 
killed. 
22.—For compensation for any 
other injury to the person. 
When the injury is committed. 
 
 
 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto” 
THE FIRST SCHEDULE.—contd. 
Page 20 of 47 
 
 
 
FIRST DIVISION : SUITS—contd. 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
23.—For compensation for a 
malicious prosecution. 
Part IV.—One 
year—contd. 
 
1[One year] .. 
 
 
1[One year] .. 
 
1[One year] .. 
 
 
 
1[One year] .. 
 
 
 
1[One year] .. 
 
 
1[One year] .. 
 
 
1[One year] .. 
 
 
 
1[One year] .. 
 
 
1[One year] .. 
 
 
When the plaintiff is acquitted, or  
the prosecution is otherwise 
terminated. 
24.—For compensation for libel. When the libel is published. 
25.—For compensation for 
slander. 
When the words are spoken, or, if  
the words are not actionable in 
themselves, when the special 
damage complained of results. 
26.—For compensation for loss of 
service occasioned by the 
seduction of the plaintiff’s 
servant or daughter. 
When the loss occurs. 
27.—For compensation for 
inducing a person to break a  
contract with the plaintiff. 
The date of the breach. 
28.—For compensation for and 
illegal, irregular or 
excessive distress. 
The date of the distress. 
29.—For compensation for 
wrongful seizure for 
moveable property under 
legal process. 
The date of the seizure. 
30.—Against a carrier for 
compensation for losing or 
injuring goods. 
When the loss or injury occurs. 
31.—Against a carrier  for 
compensation  for non 
delivery   of, or delay in 
delivering, goods. 
When the goods ought to be 
delivered. 
 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 21 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 Part V.—Two years.  
 
When the perversion first becomes  
known to the person injured 
thereby. 
 
 
When the wrong complained of is  
done. 
 
 
Ditto. 
Ditto. 
When the malfeasance, 
misfeasance or nonfeasance takes  
place. 
 
 
 
 
The date of the obstruction. 
 
The date of the diversion. 
The date of the trespass. 
32.—Against one who having a 
right to use property for 
specific purposes, perverts it  
to other purposes. 
Two years .. 
33.—Under the Legal 
Representatives’ Suits Act, 
1855 (XII of 1855), against 
an executor. 
1[Two years] .. 
34.—Under the same Act against 
an administrator. 
1[Two years] .. 
35.—Under the same Act against 
any other representative. 
1[Two years] .. 
36.—For compensation for any 
malfeasance, misfeasance or  
nonfeasance independent of  
contract and not herein 
specially provided for. 
1[Two years] .. 
 Part VI.—Three years. 
37.—For compensation for 
obstructing a way or a 
watercourse. 
Three years .. 
38.—For compensation for 
diverting a water course. 
1[Three years] 
39.—For compensation for 
trespass upon immoveable 
property. 
1[Three years] 
 
 
 
 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 22 of 47 
 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
40. —For compensation for 
infringing copyright or any  
other exclusive privilege. 
41. —To restrain waste .. 
42.—For compensation for injury 
caused by an injunction 
wrongfully obtained. 
 
43. —Under the 2[Succession Act, 
1925 (XXXIX of 1925), 
section 360 or section 
361,] to compel a refund by 
a person to whom an 
executor or administrator 
has paid a legacy or 
distributed assets. 
 
44. —By a ward who has attained  
majority, to set aside a 
transfer or property by his 
guardian. 
 
3 * * * 
Part VI.—Three years—
contd. 
 
1[Three years] 
 
 
1[Three years] 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
 
 
 
 
1[Three years] 
 
 
 
* 
 
 
The date of the infringement. 
 
 
When the waste begins. 
When the injunction ceases. 
 
 
The date of the payment or 
distribution. 
 
 
 
 
 
 
When the ward attains majority. 
 
 
 
* * * 
 
 
 
 
 
 
 
 
 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
2 Subs. by the Repealing and Amending Act, 1930 (8 of 1930), s.2 and First Sch., for “Indian Succession Act, 1865, section 320 or section 321, or 
under the Probate and Administration Act, 1881, section 139 or section 140”. 
3 Articles 45 and 46 omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 23 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
47.—By any person bound by an 
order  respecting    the 
possession of immoveable 
property   made   under  the 
Code   of Criminal 
Procedure,   1898  (V   of 
1898), 2* * * or    by 
any one   claiming  under 
such person, to recover the 
property comprised in such 
order. 
Part VI.—Three 
years-contd. 
 
 
1[Three years] 
 
 
 
 
 
 
 
 
1[Three years] 
 
 
 
 
 
 
Three years .. 
 
 
 
 
 
 
 
Three years .. 
 
 
 
The date of the final order in the 
case. 
48.—For specific moveable 
property lost or acquired by  
theft, or dishonest mis- 
appropriation or conversion,  
or for compensation for 
wrongfully taking or 
detaining the same. 
When the person having the right  
to be possession of the property 
first learns in whose possession it  
is. 
3[48A.—To recover moveable 
property conveyed or 
bequeathed in trust, 
deposited or pawned, and 
afterwards bought from the 
trustee, depositary or 
pawnee for a valuable 
consideration. 
When the sale becomes known to 
the plaintiff. 
3[48B.—To set aside sale of 
moveable property 
comprised in a Hindu, 
Muhammadan or Buddhist 
religious or charitable 
endowment, made by a 
manager thereof for a 
valuable consideration. 
When the sale becomes known to 
the plaintiff.] 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
2 The words, commas and figures “or the Mamlatdars’ Courts Act, 1906,” omitted by A.O., 1949. 
3 Entries 48A and 48B ins. by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929), s.3. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 24 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
49.—For other specific moveable 
property, or for 
compensation for wrongfully 
taking or  injuring   or 
wrongfully  detaining the 
same. 
Part VI.—Three 
years—contd. 
 
1[Three years] 
 
 
 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
When the property is wrongfully 
taken or injured, or when the 
detainer’s possession becomes 
unlawful. 
50.—For the hired of animals, 
vehicles, boats or household 
furniture. 
When the hire becomes payable. 
51.—For the balance of money 
advanced in payment of 
goods to be delivered. 
When the goods ought to be 
delivered. 
252.—For the price of goods sold 
and delivered, where   no 
fixed period of credit is 
agreed upon. 
The date of the delivery of the goods. 
 
253.—For the price of goods sold 
and delivered to be paid for 
after the expiry of a fixed 
period of credit. 
When the period of credit expires. 
 
54. —For the price of goods sold 
and delivered to be paid for 
by a bill of exchange, no such 
bill being given. 
55. —For the price of trees or 
growing crops sold by the 
plaintiff to the defendant 
where no fixed period of 
credit is agreed upon. 
56. —For the price of work done 
by the plaintiff for the 
defendant at his request, 
where no time has   been 
fixed or payment. 
257.—For money payable for 
money lent. 
When the period of the proposed bill 
elapses. 
 
 
The date of the sale. 
 
 
 
When the work is done. 
 
 
 
When the loan is made. 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
2 For period of limitation for these and certain other suits in the Province of the Punjab, see the Punjab Loans Limitation Act, 1904 (Punjab 1 of 1904), 
and s.29 (1) (b) of this Act. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 25 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
58.—Like suit when the lender 
has given a cheque for the  
money. 
259.—For money lent under an 
agreement that it shall be 
payable on demand. 
60.—For money deposited under  
an agreement that it shall be  
payable on demand, 
including money of a 
customer in the hands of his  
banker so payable. 
261.—For money payable  to the 
plaintiff for money paid for  
the defendant. 
62.—For money payable by the 
defendant to the plaintiff for  
money received by the 
defendant for the plaintiff’s  
use. 
 
263.—For money payable for 
interest upon money due 
from the defendant to the 
plaintiff. 
264.—For money payable  to the 
plaintiff for money found to  
be due from the defendant to 
the plaintiff on accounts 
stated between them. 
 
 
 
3[64A.—Under Order XXXVII of 
the Code of Civil 
Procedure. 
Part VI.—Three 
years—contd. 
 
1[Three years] 
1[Three years] 
1[Three years] 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
 
 
 
 
Three years 
 
 
When the cheque is paid. 
When the loan is made. 
When the demand is made. 
 
 
When the money is paid. 
 
 
When the money is received. 
 
 
 
 
When the interest becomes due. 
 
 
When the accounts are stated in 
writing signed by the defendant or 
his agent duly authorized in this 
behalf, unless where the debt is, by 
a simultaneous agreement in 
writing signed as aforesaid, made  
payable at a future time, and then  
when that time arrives. 
 
When the debt becomes payable.]. 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
2 See foot-note1 under article 52, supra. 
3 Articles 64A ins. by the Civil Procedure and Limitation (Amdt.) Ordinance, 1961 (9 of 1961), s.3. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
2 See foot-note 1 under article 52, supra. 
Page 26 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
65.—For compensation for breach 
of a promise to do anything  
at a specified time, or upon  
the happening of a specified  
contingency. 
 
266.—On a single bond, where a  
day is specified for 
payment. 
 
267.—On a single bond, where no  
such day is specified. 
 
268.—On a bond subject to a 
condition. 
 
269.—On a bill of exchange or 
promissory note payable at a 
fixed time after date. 
 
270.—On a bill of exchange 
payable at sight or after 
sight, but not at a fixed time. 
 
271.—On a bill of exchange 
accepted payable at a 
particular place. 
 
72. —On a bill of exchange or 
promissory note payable at a 
fixed time after sight or after 
demand. 
 
73. —On a bill of exchange or 
promissory note payable on  
demand and not 
accompanied by any writing  
restraining or postponing the 
right to sue. 
Part VI.—Three 
years—contd. 
 
1[Three years] 
 
 
 
 
1[Three years] 
 
 
1[Three years] 
1[Three years] 
1[Three years] 
 
1[Three years] 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
When the time specified arrives or 
the contingency happens. 
 
 
 
The day so specified. 
 
 
The date of executing the bond. 
When the condition is broken. 
When the bill or note falls due. 
 
When the bill is presented. 
 
 
When the bill is presented at that 
place. 
 
 
When the fixed time expires. 
 
 
 
The date of the bill or note. 
 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
2 See foot-note 1 under article 52, supra. 
Page 27 of 47 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
74.—On a promissory note or 
bond payable by 
instalments. 
Part VI.—Three 
years—contd. 
 
1[Three years] 
 
 
 
 
1[Three years] 
 
 
 
 
 
 
1[Three years] 
 
 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
The expiration of the first term of 
payment as to the part then 
payable; and for the other parts the  
expiration of the respective terms  
of payment. 
75.—On a promissory note or 
bond payable by 
instalments, which provides  
that if default be made in 
payment of one or more 
instalments, the whole shall  
be due. 
When the default is made, unless  
where the payee or obligee waives  
the benefit of the provision, and 
then when fresh default is made in  
respect of which there is not such  
waiver. 
276.—On a promissory note given 
by the maker to a third 
person to be delivered to the  
payee after a certain event 
should happen. 
The date of the delivery to the 
payee. 
277.—On a dishonoured foreign 
bill where protest has been  
made and notice give. 
When the notice is given. 
278.—By the payee against the 
drawer of a bill of exchange  
which has been dishonoured  
by non-acceptance. 
The date of the refusal to accept. 
279.—By the acceptor of an 
accommodation – bill 
against the drawer. 
When the acceptor pays the 
amount of the bill. 
280.-Suit on a bill of exchange, 
promissory note or bond not  
herein expressly provided 
for. 
When the bill, note or bond 
becomes payable. 
81.—By a surety against .. the 
principal debtor. 
When the surety pays the creditor. 
 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 28 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
82. —By a surety against a co- 
surety. 
 
83. —Upon any other contract to  
indemnify. 
 
84. —By an attorney or vakil for  
his cost of a suit or a 
particular business, there 
being no express agreement  
as to the time when such 
costs are to be paid. 
85. —For the balance due on a 
mutual, open and current 
account, where there have 
been reciprocal demands 
between the parties. 
86. —2[(a) On a policy of 
insurance when the sum 
insured in payable after 
proof of the death has been  
given to or received by the  
insurers. 
(b) On a policy of insurance 
when the sum insured is 
payable after proof of the 
loss has been given to or 
received by the insurers.] 
87. —By the assured to recover 
premia paid under a policy  
voidable at the election of 
the insurers. 
88. —Against a factor for an 
account. 
Part VI.—Three 
years—contd. 
 
1[Three years] 
1[Three years] 
1[Three years] 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
 
 
 
 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
When the surety pays any thing in  
excess of his own share. 
 
When the plaintiff is actually 
damnified. 
 
The date of the termination of the  
suit or business, or (Where the 
attorney or vakil property 
discontinues the suit or business)  
the date of such discontinuance. 
 
The close of the year in which the  
last item admitted or proved is 
entered in the account;  such year 
to be computed as in the account. 
 
2[(a) The date of the death of the  
deceased. 
 
 
 
(b) The date of the occurrence 
causing the loss.] 
 
 
When the insurers elect  to avoid  
the policy. 
 
 
When the account is during the 
continuance of the agency, 
demanded and refused or, where 
no such demand is made when the 
agency terminates. 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
2 Subs. for the original entry, by s. 122 of the Insurance Act, 1938 ( 4 of 1938), as a mended by the Insurance (Amdt.) Act, 1941 (13 of 1941), s. 68. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 29 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
89. —By a principal against his 
agent for moveable property  
received by the latter and 
not accounted for. 
 
90. —Other suits by principals 
against agents for neglect or  
misconduct. 
 
91. —To cancel or set aside an 
instrument not otherwise 
provided for. 
 
 
92. —To declare the forgery of an  
instrument issued or 
registered. 
 
93. —To declare the forgery of an  
instrument attempted to be 
enforced against the 
plaintiff. 
 
94. —For property which the 
plaintiff has conveyed while  
insane. 
 
95. —To set aside a decree 
obtained by fraud, or for 
other relief on the ground of  
fraud. 
 
96. —For relief on the ground of  
mistake. 
 
97. —For money paid upon an 
existing consideration which 
afterwards fails. 
Part VI.—Three 
years—contd. 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
1[Three years] 
 
 
Ditto. 
 
 
 
When the neglect or misconduct 
becomes known to the plaintiff. 
 
 
When the facts entitling the 
plaintiff to have the instrument 
cancelled or set aside become 
known to him. 
 
When the issue or registration 
becomes known to the plaintiff. 
 
 
The date of the attempt. 
 
 
 
When the plaintiff is restored to 
sanity, and has knowledge of the  
conveyance. 
 
When the fraud becomes known to 
the party wronged. 
 
 
When the mistake becomes known  
to the plaintiff. 
 
The date of the failure. 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 30 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
98.—To make good out of the 
general estate of a deceased  
trustee the loss occasioned 
by a breach of trust. 
Part VI.—Three 
years—contd. 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
 
 
 
 
 
 
1[Three years] 
 
 
 
1[Three years] 
 
1[Three years] 
 
 
1[Three years] 
 
 
The date of the trustee’s death, or,  
if the loss  has not then resulted, 
the date of the loss. 
99.—For contribution by a party  
who has paid the whole or  
more than his  share of  the 
amount due under a joint 
decree, or by a sharer in a  
joint estate who has paid the  
whole or more than his 
share of the amount of 
revenue due from himself 
and his co-sharers. 
The date of the payment in excess 
of the plaintiff’s own share. 
100.—By a co -trustee to enforce  
against the estate of a 
deceased trustee a claim for  
contribution. 
When the right to contribution 
accrues. 
101.—For a seaman’s wages. The end of the voyage during 
which the wages are earned. 
102.—For wages  not other wise  
expressly provided for by 
this schedule. 
When the wages accrue due. 
103.— By a 2[Muslim] for 
exigible dower 
(mu’ajjal). 
When the dower is demanded and  
refused or (where, during the 
continuance of the marriage no 
such demand has been made, when 
the marriage is dissolved by death  
or divorce. 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 31 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
104. —By a 1[Muslim] for 
deferred dower (mu’wajjal). 
 
105. —By a mortgagor after the 
mortgage has been satisfied,  
to recover surplus 
collections received by the 
mortgagee. 
106. —For an account and a share  
of the profits of a dissolved  
partnership. 
 
107. —By the manager of a joint  
estate of an undivided 
family for contribution, in 
respect of a payment made  
by him on account of the 
estate. 
 
108. —By a lessor for the value of  
trees cut down by his lessee  
contrary to the terms of the  
lease. 
109. —For the profits of 
immoveable property 
belonging to the plaintiff 
which have been wrongfully  
received by the defendant. 
110. —For arrears of rent .. 111.—
By a vendor of 
immoveable property for 
personal payment of unpaid  
purchase money. 
 
112.—For a call by a company 
registered under any Statute  
or Act. 
Part VI.—Three 
years—contd. 
2[Three years] 
 
2[Three years] 
 
 
 
2[Three years] 
 
 
2[Three years] 
 
 
 
 
 
2[Three years] 
 
 
2[Three years] 
 
 
 
 
2[Three years] 
 
2[Three years] 
 
 
 
2[Three years] 
 
 
When the marriage is dissolved by 
death or divorce. 
 
When the mortgagor re-enters on 
the mortgaged property. 
 
 
The date of the dissolution. 
 
 
The date of the payment. 
 
 
 
 
 
When the trees are cut down. 
 
 
When the profits are received. 
 
 
 
 
When the arrears become due. 
 
The time fixed for completing the  
sale, or (where the title is accepted  
after the time fixed for 
completion) the date of the 
acceptance. 
When the call is payable. 
 
1 Subs. by F.A.O., 1975 Art.2 and Table, for “Muhammadan”. 
2Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 32 of 47 
 
 
Description of suit. Period of limitation. Time from which period beings to run. 
 
 
 
113.—For specific performance of a 
contract. 
Part VI.—Three years—
contd. 
 
1[Three years] 
 
 
 
1[Three years] 
 
 
1[Three years] 
 
 
 
 
 
Part VII.—Six years. 
 
Six years .. .. 
 
 
 
 
1[Six years] 
 
 
1[Six years] 
 
 
 
1[Six years] 
 
1[Six years] 
 
Part VIII— 
Twelve years. 
 
 
1[Twelve years] 
 
 
 
The date fixed for the performance, or,  
if no such date is fixed, when the 
plaintiff has notice that performance is 
refused. 
114.—For the rescission of a 
contract. 
When the facts entitling the plaintiff to  
have the contract rescinded first 
become known to him. 
115.—For compensation for the 
breach of   any   contract, 
express or implied, not in 
writing registered and not 
herein specially provided for. 
When the contract is broken, or (where  
there are successive breaches) when the  
breach in respect of which the suit is  
instituted occurs, or (where the breach 
is continuing) when it ceases. 
 
 
116.—For compensation for the 
breach of a   contract   in 
writing registered. 
 
 
When the period of limitation would 
begin to run against a suit brought on a  
similarly contract not registered. 
 
117.—Upon a foreign judgment as 
defined in the Code of Civil 
Procedure, 1908 (V of 1908). 
 
The date of the judgment. 
118.—To obtain a declaration   that  
an   alleged   adoption   is 
invalid, or never, in fact, took 
place. 
When the alleged adoption becomes 
known to the plaintiff. 
119.—To obtain a declaration   that 
an adoption is valid. 
When the rights of the adopted son, as 
such, are interfered with. 
120.—Suit for which no period of 
limitation is   provided 
elsewhere in this schedule. 
When the right to sue accrues. 
 
121.—To avoid incumbrances or 
under-tenures in an entire 
estate sold for arrears of 
 
 
 
When the sale becomes final and 
conclusive. 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 33 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
Government      revenue, or 
in a patni taluq or other 
saleable tenure sold for 
arrears of rent. 
Part VIII.—contd. 
 
Twelve years 
 
 
 
 
 
 
2[Twelve years] 
 
 
2[Twelve years] 
 
 
 
 
2[Twelve years] 
 
 
 
 
 
 
 
2[Twelve years] 
 
 
122.—Upon a judgment obtained 
in 1[Pakistan], or a 
recognizance. 
 
 
The date of the judgment or 
recognizance. 
123.—For a legacy or for a share 
of a residue bequeathed by a  
testator, or for a distributive  
share of the property of an 
intestate. 
 
When the legacy or share becomes 
payable or deliverable. 
124.—For possession of an 
hereditary office. 
 
When the defendant takes 
possession of the office adversely to  
the plaintiff. Explanation.—An 
hereditary office is possessed when  
the profits thereof are usually 
received, or (if there are no profits)  
when the duties thereof are usually  
performed. 
125.—Suit during the life of a 
Hindu or 3[Muslim] female 
by a Hindu or 3[Muslim] 
who, if the female died at 
the date of instituting the 
suit, would be entitled to the  
possession of land, to have 
an alienation of such land 
made by the female declared 
to be void except for here 
life or until her remarriage. 
 
The date of the alienation. 
 
1 Subs. 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 
Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. 
2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 34 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
126. —By a Hindu governed by 
the law of the Mitakshara to  
set aside his father’s 
alienation of ancestral 
property. 
127. —By a person excluded from  
joint family property to 
enforce a right to share 
therein. 
128. —By a Hindu for arrears of  
maintenance. 
Part VIII.— 
Twelve 
Years—contd. 
1[Twelve years] 
 
 
 
1[Twelve years] 
 
 
1[Twelve years] 
 
1[Twelve years] 
 
 
1[Twelve years] 
1[Twelve years] 
1[Twelve years] 
 
 
When the alience takes possession 
of the property. 
 
 
When the exclusion becomes 
known to the plaintiff. 
 
 
When the arrears are payable. 
129.—By a Hindu for a 
declaration of his right to 
maintenance. 
 
When the right is denied. 
130.—For the resumption or 
assessment of rent-free land. 
When the right to resume or assess 
the land first accrues. 
131.—To establish a periodically 
recurring right. 
When the plaintiff is first refused 
the enjoyment of the right. 
132.—To enforce payment of 
money charged upon 
immoveable property. 
When the money sued for becomes 
due. 
2[Explanation.—For the purposes 
of this article— 
 
(a) the allowance and fees 
respectively called malikana 
and haqqs, and 
 
(b)   the value of any agricultural 
or other produce the right to  
receive which is  secured by 
a charge upon immoveable 
property, 3[and 
 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
2 Subs. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s.4 (1), for the original Explanation. 
3 Ins. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929) s. 9. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 35 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
 
(c) advances secured by 
mortgage by deposit of 
title-deeds], 
 
shall be deemed to be money charged 
upon immoveable property.], 
1* * * 
134.—To recover possession of 
immoveable property 
conveyed or bequeathed in  
trust or mortgaged and 
afterwards transferred by 
the trustee or mortgagee 
for a valuable 
consideration. 
 
4[134A.—To set aside   a   transfer  
of immoveable property 
comprised in a Hindu, 
5[Muslim] or Buddhist 
religious or charitable 
endowment, made by a 
manager thereof for a 
valuable consideration. 
 
134B.—By the manager of a 
Hindu, 5[Muslim] or 
Buddhist religious or 
charitable endowment to 
recover possession of 
immoveable property 
comprised in the 
endowment which has 
been transferred by a 
previous     manager     for 
valuable consideration. 
Part VIII.— 
Twelve Years—contd. 
 
 
 
 
 
 
 
 
* 
 
2[Twelve years] 
 
 
 
 
 
 
 
Twelve years 
 
 
 
 
 
 
 
Twelve years 
 
 
 
 
 
 
 
 
 
 
* * * 
 
3[When the transfer becomes known 
to the plaintiff.] 
 
 
 
 
 
 
When the transfer becomes known to 
the plaintiff. 
 
 
 
 
 
 
The death, resignation or removal of 
the transferor. 
 
1 Article 133 omitted by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929), s.3. 
2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
3 Subs. by Act 1 of 1929, s.3, for “the date of the transfer”. 
4 Articles 134A, 134B and 134C, ins. by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929), s.3. 
5 Subs. by F.A.O., 1975, Art.2 and Table, for “Muhammadan”. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 36 of 47 
 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
134C.—By the manager of a 
Hindu, 1[Muslim] or 
Buddhist religious or 
charitable endowment to 
recover possession of 
moveable property 
comprised in the 
endowment which has 
been sold by a previous 
manager for a valuable 
consideration. 
135.—Suit instituted in a Court 
2[other than a High Court]  
by a mortgage for 
possession of immoveable  
property mortgaged. 
Part VIII.— 
Twelve Years—contd. 
 
Twelve years 
 
 
 
 
 
 
 
 
 
3[Twelve years] 
 
 
 
 
 
3[Twelve years] 
 
 
 
 
 
3[Twelve years] 
 
 
 
 
3[Twelve years] 
 
 
 
 
3[Twelve years] 
 
 
The death, a resignation or removal of 
the seller.] 
 
 
 
 
 
 
 
 
When the mortgagor’s right to 
possession determine. 
136.—By a purchaser at a private 
sale for possession of 
immoveable property sold  
when the vendor was out 
of possession at the date 
of the sale. 
 
When the vendor is first entitled to 
possession. 
137.—Like suit by a purchaser at 
a sale in execution of a 
decree when the judgment  
debtor was out of 
possession at the date of 
the sale. 
 
When the judgment-debtor is first 
entitled to possession. 
138.—Like suit by a   purchaser at 
a sale in execution of a 
decree, when the judgment  
debtor was in possession 
at the date of the sale. 
The date when the sale becomes 
absolute. 
139.—By a landlord to recover 
possession from a tenant. 
When the tenancy is determined. 
1 Subs. by F.A.O, 1975, Art. 2 and Table, for “Muhammadan”. 
2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., for “not established by Royal Charterl” (with effect from 
the 14th October, 1955). 
3 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 37 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
 
140. — By a remainderman, a 
reversioner (other than a  
landlord) or a devisee, 
for    possession of 
immoveable property. 
 
141. — Like suits by a Hindu or  
2[Muslim] entitled to the  
possession of 
immoveable property on 
the    death    of    a 
Hindu or 2[Muslim] 
female. 
 
142. — For possession of 
immoveable property 
when the plaintiff while  
in possession of the 
property, has been 
dispossessed or has 
discontinued the 
possession. 
 
143. —Like suit, when the 
plaintiff has become 
entitled by reason of any  
forfeiture or breach of 
condition. 
3* * * 
 
 
 
 
145.—Against a depositary or 
pawnee to recover 
Part VIII.— 
Twelve Years—contd. 
 
 
1[Twelve years] 
 
 
 
 
1[Twelve years] 
 
 
 
 
 
 
1[Twelve years] 
 
 
 
 
 
 
 
1[Twelve years] 
 
 
 
* 
Part IX.— 
Thirty years. 
 
Thirty years 
 
 
 
When his estate falls into 
possession. 
 
 
 
When the female dies. 
 
 
 
 
 
 
The date of the dispossession or 
discontinuance. 
 
 
 
 
 
 
 
When the forfeiture is incurred or 
the condition is broken. 
 
 
* * * 
 
 
 
 
The date of the deposit or pawn. 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. 
3Omitted by Act. II of 1995, s.3. 
THE FIRST SCHEDULE.—contd. 
FIRST DIVISION : SUITS—contd. 
Page 38 of 47 
 
 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 
 
moveable property 
deposited or pawned. 
Part IX.—Thirty 
Years.—contd. 
 
 
 
2[Thirty years] 
 
 
 
 
 
 
 
2[Thirty years] 
 
 
 
 
 
 
 
Part X.—Sixty 
years. 
 
Sixty years 
 
 
2[Sixty years] 
 
146.— Before a 1[High Court] in 
the exercise of  its 
ordinary original 
civil jurisdiction  by a 
mortgagee to recover 
from the mortgagor the 
possession    of 
immoveable property 
mortgaged. 
When any part of the principal or  
interest was last paid on account of 
the mortgage-debt. 
146A.—By or on behalf of any 
local  authority   for 
possession of any public 
street or road or any part 
thereof from which it 
has been dispossessed 
or of which it  has 
discontinued  the 
possession. 
The date of the dispossession or 
discontinuance. 
 
147.— By a mortgagor for 
foreclosure or sale. 
 
When the money secured by the 
mortgage becomes due. 
148.— Against a mortgagee to 
redeem or   to recover 
possession  of 
immoveable property 
mortgaged. 
When the right to redeem or to 
recover possession accrues : 
 
Provided that all claims to redeem  
arising under instruments of 
mortgage 
 
1 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. for “Court established by Royal Charter” (with effect from 
the 14th October, 1955). 
2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
THE FIRST SCHEDULE.—contd. 
Page 39 of 47 
 
 
 
FIRST DIVISION : SUITS—contd. 
 
Description of suit. Period of limitation. Time from which period beings to 
run. 
 Part X.— 
Sixty Years—
contd. 
 
 
 
 
 
 
2[Sixty years] .. 
 
 
of immoveable property situate in  
Lower, Burma which had been 
executed before the first day of 
May, 1863, shall be governed by  
the rules of limitation in force in  
that Province immediately before  
the same day. 
149.—1[Any suit by or on behalf  
of the 3[Federal 
Government] or any 
[Provincial Government] 
4[except a suit before the 
5[Supreme Court] in the  
exercise of its original 
jurisdiction]. 
When the period of limitation 
would begin to run under this Act  
against a like suit by a private 
person. 
 
SECOND DIVISION : APPEALS 
 
Description of Appeal. Period of limitation. Time from which period begins to 
run. 
150.— Under the Code of 
Criminal Procedure, 
1898     (V     of     1898, 
from a sentence of death  
passed by a Court of 
Session 6[or by a High 
Court in the exercise of 
its original Criminal 
Jurisdiction]. 
7[Thirty days] .. The date of the sentence. 
 
1 The original words “Any suit by or on behalf of the Secretary of State for India in Council,” have successively been amended by A.O., 1937, and 
A.O., 1949, to read as above. 
2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 
4 Ins. by the Indian Limitation (Amdt.) Act, 1937 (14 of 1937), s.2. 
5 Subs. by A.O., 1961, Art. 2 and Sch., for “Federal Court” (with effect from the 23rd March, 1956). 
6 Added by the Criminal Procedure Amdt. Act, 1943 (26 of 1943), s.8. 
7Subs. by the Limitation (Amdt.) Act, 2023, S.2. 
 
THE FIRST SCHEDULE.—contd. 
Page 40 of 47 
 
 
SECOND DIVISION : APPEALS—contd. 
 
Description of Appeal. Period of limitation. Time from which period beings to 
run. 
1* * * * * * * 
The date of the decree or order. 
 
 
The date of the decree or order 
appealed from. 
 
 
 
The date of the order. 
 
 
 
 
 
 
The date of the sentence or order 
appealed from. 
 
 
The date of the sentence or order 
appealed from. 
151.— From a decree or order 
of   2[a High Court] in  
the exercise of its 
original jurisdiction. 
Twenty days .. 
152.— Under the Code of Civil  
Procedure, 1908 (V of 
1908), to the 
Court of a District 
Judge. 
Thirty days .. 
153.— Under the same Code to  
a High Court from an 
order of a   Sub- 
ordinate Court refusing 
leave to   appeal   to 
4[the Supreme Court.] 
3[Thirty days] 
154.— Under the Code of 
Criminal Procedure, 
1898 (V of 1898), to 
any Court other than a 
High Court. 
 
3[Thirty years] 
155.— Under the same Code to 
a High Court, except 
in the cases   provided 
for by article 150 and 
article 157. 
Sixty days .. 
 
1 Article 150A which was inserted by the Criminal Law Amdt. Act, 1923 (12 of 1923), s. 42 has been omitted by the Criminal law (Extinction of 
Discriminatory Privileges) Act, 1949 (2 of 1950), s.2 and Sch. 
2 The original words “any of the High Courts of Judicature at Fort William, Madras and Bombay or the Chief Court of the Punjab or the Chief Court of 
Lower Burma” have successively been amended by the Repealing and Amending Act, 1930 (8 of 1930), A.O., 1937, A.O., 1949 and the Central Laws 
(Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above. 
3 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
4 Subs. by .A.O., 1961, Art. 2 and Sch., for “His Majesty in Council” (with effect from the 23rd March, 1956). 
Page 41 of 47 
 
 
 
THE FIRST SCHEDULE.—contd. 
 
SECOND DIVISION : APPEALS—contd. 
 
Description of Appeal. Period of limitation. Time from which period beings to 
run. 
 
156.— Under the Code of Civil 
Procedure, 1908 (V of 
1908),   to   a    High 
Court, except in the cases  
provided for by article 151 
and article 153. 
 
Ninety days 
 
.. 
 
The date of the decree or order 
appealed from. 
157.— Under the Code of 
Criminal  Procedure, 
1898 (V of 1898), 
from an order of acquittal. 
Six months .. The date of the order appealed 
from. 
 
THIRD DIVISION : APPLICATIONS. 
 
Description of application. Period of limitation. Time from which period begins to 
run. 
1[158.— Under the Arbitration 
Act, 1940 (X of 1940), 
to set aside an award or  
to get an award remitted  
for reconsideration. 
Thirty days .. The date of service of the notice of 
filling of the award.] 
159.— For leave to appear and  
defend a suit under 
summary procedure 
referred to in section 
128 (2)(f)  2[or under 
Order   XXXVII] 
of the 3[Code   of 
Civil  Procedure,  1908 
(V of 1908)]. 
 
 
4[Ten days] .. 
 
 
When the summons in served. 
160.— For an order under the 
same Code, to restore to  
the file an application 
for review 
 
Fifteen days .. 
 
When the application for review is 
rejected. 
1 Subs. (from the 1st July, 1940) by the Arbitration Act, 1940 (10 of 1940), s. 49 (2) and Fourth Sch., for Art. 158 which was previously amended by the 
Repealing and Amending Act, 1919 (18 of 1919), s.2 and First Sch. 
2 Ins. by the Indian Limitation (Amdt.) Act, 1925 ( 30 of 1925), s.3 
3 Subs. by Act 10 of 1940, Fourth Sch., for “same Code” (from 1st July, 1940). 
4 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 
THE FIRST SCHEDULE.—contd. 
THIRD DIVISION : APPLICATIONS—contd. 
Page 42 of 47 
 
 
 
Description of application. Period of limitation. Time from which period beings to 
run. 
 rejected in consequence  
of the failure of the 
applicant to appear when 
the application was 
called on for 
hearing. 
  
161.— For a review of 
judgment by a   1* 
Court    of    Small 
Causes 2* * * or by a  
Court invested with the  
jurisdiction of a 1* Court 
of Small Causes when 
exercising that 
jurisdiction. 
3[Fifteen days] The date of the decree or order. 
162.— For a review of 
judgment  by 4[a High 
Twenty days The date of the decree or order. 
 
 
1 The word “provincial” omitted by the Berar Laws Act, 1941 (4 of 1941), s.2 and Third Sch. (with effect from the 1st August, 1941). 
2 The parentheses and words “(other than Presidency Small Cause Court)” which were ins. ibid. ( with effect from the 1 st August, 1941), have been  
omitted by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.3 and Second Sch. 
3 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and 1st Sch., for “Ditto”. 
4 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “any of *[the 
following Courts, nam ely] the †[High Court of East Bengal, the High Court, at Lahore] and the Chief Court of Sind”.* Ins. by the Repealing and  
Amending Act, 1927 (10 of 1927), s.2 and First Sch. *The original words were “High Courts of Judicature at Fort William, Madras, and Bombay or the 
Chief Court of the Punjab or the Chief Court of Lower Burma”. The Sind Courts (Supplementary) Act, 1926 (34 of 1926) which was to come into force 
on the commencement of the Sind Courts Act, 1926 (Bom. 7 of 1926), directed the insertion of the words “or the Chief Court of Sind” after the word  
“Bombay”. Though this amendment had not come into force the words “Bombay, Lahore and Rangoon and the Chief Court of Sind” we re subs. for the 
words “and Bombay or the Chief Court of Sind or the Chief Court of the Punjab or the Chief Court of Lower Burma” by Act 10 of 1927, s.2 and First  
Sch. for the words “Lahore and Rangoon”. 
THE FIRST SCHEDULE.—contd. 
THIRD DIVISION : APPLICATIONS—contd. 
Page 43 of 47 
 
 
 
Description of application. Period of limitation. Time from which period beings to 
run. 
Court] in the exercise of 
its original jurisdiction. 
 
 
1* * 
 
163. — By a plaintiff, for an 
order to set aside  
a    dismissal    for 
default of appearance or  
for failure to pay costs 
of   service of process 
or to furnish security for  
costs. 
 
164. — By a defendant, for an 
order to set aside a 
decree passed ex 
parte. 
 
 
165. — Under the Code of Civil 
Procedure, 1908 (V of 
1908) by a person 
dispossessed   of 
immoveable  property 
and disputing the right 
of the decree 
holder or purchaser at a 
sale in execution of a 
decree to be put into 
possession. 
 
 
 
* * 
 
 
Thirty days .. 
 
 
 
 
 
 
2[Thirty days] .. 
 
 
 
 
2[Thirty days] .. 
 
 
 
* * * 
The date of the dismissal. 
 
 
 
 
The date of the decree  or where  
the summons was not duly served, 
when the applicant has knowledge  
of the decree. 
 
 
The date of the dispossession. 
 
 
the words “Lahore, Rangoon and Nagpur” were subs. by the C.P. Courts (Supplementary) Act, 1935 (8 of 1935), s.2 and Sch., and the word “Rangoon” 
was omitted by A.O., 1937. Lastly A.O., 1949, substituted “High Courts of Judicature at Fort William, Madras, Bombay, Lahore and Nagpur” by “High 
Court of East Bengal, the High Court at Lahore”. 
1 Article 162A as ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s.5 has been omitted by the Limitation (Amdt.) Act, 1965, (11 of 1965), 
s.2. 
2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and Firstt Sch., for “Ditto”. 
THE FIRST SCHEDULE.—contd. 
Page 44 of 47 
 
 
 
THIRD DIVISION : APPLICATION—contd. 
 
Description of application. Period of limitation. Time from which period beings to run. 
 
166.— 
 
Under the same Code to 
set aside a sale in 
execution of a decree 
1[including any such 
application by a 
Judgment-debtor.] 
 
2[Thirty days] 
 
.. 
 
The date of the sale. 
167.— Complaining of 
resistance or obstruction 
to delivery of possession 
of immoveable 
property decreed or sold 
in execution of a 
decree. 
2[Thirty days] .. The date of the resistance or 
obstruction. 
168.— For the readmission of an  
appeal dismissed for 
want of prosecution. 
2[Thirty days] .. The date of the dismissal. 
169.— 
 
 
 
 
170.— 
For the re-hearing of an 
appeal heard ex parte. 
 
 
 
For leave to appeal as a 
pauper. 
 
2[Thirty days] 
 
 
2[Thirty days] 
 
.. 
 
 
 
.. 
 
The date of the decree in appeal, or, 
where notice of the appeal was not duly 
served, when the applicant has 
knowledge of the decree. 
The date of the decree appealed from. 
171.— Under the Code of Civil 
Procedure, 1908 (V of 
1908), 3[by the legal 
representative  of   a 
deceased plaintiff  or 
defendant for setting aside 
an order or  Judgment 
made or  pronounced 
in his absence]. 
Sixty days..  4[The date of the order or judgment] 
172.— Under the same Code by 
the assignee or   the 
receiver of an insolvent 
plaintiff or appellant   for  
an order to set aside the 
dismissal of a suit or an 
appeal. 
2[Sixty days] .. The date of the order of dismissal. 
 
1 Ins. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s.4 (2). 
2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First, Sch., for “Ditto”. 
3 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “an order to set aside an abatement”. 
4 Subs. ibid., s.2 and Sch., for “the date of the abatement”. 
THE FIRST SCHEDULE.—contd. 
Page 45 of 47 
 
 
 
THIRD DIVISION : APPLICATIONS contd. 
 
Description of application. Period of limitation. Time from which period beings to 
run. 
 
173.— For a review  of 
judgment  except  in 
the cases  provided 
for by article 161 and 
article 162. 
 
Ninety days .. 
 
The date of the decree or order. 
174.— For the issue of a notice  
under the same Code, to  
show cause why any 
payment made out of 
Court of any money 
payable under a decree 
or any adjustment of 
the decree should not 
be     recorded as 
certified. 
1[Ninety days] When the payment or adjustment 
is made. 
175.— For payment of the 
amount       of a decree  
by installments. 
Six months .. The date of the decree. 
176.— Under the same Code to  
have the legal 
representative of a 
deceased plaintiff or of a 
deceased appellant made 
a party. 
2[Ninety days] The date of the death of the 
deceased plaintiff or appellant. 
177.— Under the same Code to 
have  the  legal 
representative of   a 
deceased defendant or of 
a deceased 
respondent made   a 
party. 
1[Ninety days] The date of the death of the 
deceased defendant or respondent. 
3[178.—Under the Arbitration 
Act, 1940 (X of 1940), 
for the filling in 
Court of an award. 
Ninety days .. The date of service of the notice of 
making of the award]. 
 
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), for “Ditto”. 
2 Subs. by the Indian Limitation and Code of Civil Procedure (Amdt.) Act, 1920 (26 of 1920), s.2, for “Ditto”. 
3 Subs. by the Arbitration Act, 1940 (10 of 1940), Fourth Sch., for the original Art. 178 (with effect from the 1st July, 1940). 
THE FIRST SCHEDULE.—contd. 
THIRD DIVISION : APPLICATION—contd. 
Page 46 of 47 
 
 
 
Description of application. Period of limitation. Time from which period beings to 
run. 
 
179. — By a person desiring to  
appeal under the 1[Code 
of Civil Procedure, 
1908 (V of 1908)] to 
2[the Supreme Court] for 
leave to appeal. 
 
180. — By a purchaser of 
immoveable property at  
a     sale   in   execution  
of a  decree for delivery  
of possession. 
 
181. — Applications for which 
no   period of limitation  
is provided 
elsewhere in this 
schedule or by section 
48 of the  Code of 
Civil   Procedure, 
1908 ( V of 1908). 
5*  * * 
183.— To enforce a judgment, 
decree or order of any 
6[High Court] in the 
exercise of its ordinary 
original civil 
jurisdiction, or an 
 
3[Ninety days] 
 
 
 
 
 
Three years .. 
 
 
 
 
4[Three years] 
 
 
 
 
 
 
 
* 
 
7[Six years] .. 
 
The date of the decree appealed 
from. 
 
 
 
 
When the sale becomes absolute. 
 
 
 
 
 
When the right to apply accrues. 
 
 
 
 
 
 
* * * 
 
When a present right to enforce 
the judgment, decree or order 
accrues to some person capable of  
releasing the right : 
 
1 Subs. by the Arbitration Act, 1940 (10 of 1940), Fourth Sch., for “same Code” (with effect from the 1st July, 1940). 
2 Subs. by A.O., 1961, Art. 2 and Sch. for “His Majesty in Council” (with effect from the 23rd March, 1956). 
3 Subs. by the Indian Limitation and Code of Civil Procedure (Amdt.) Act, 1920 (26 of 1920), s.2, for “Ditto”. 
4 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), for “Ditto”. 
5 Article 182 omitted by the Law Reforms Ordinance, 1972 (12 of 1972) s.2 and Sch., which was previously amended by Ord. 43 of 1962, s.5. 
6 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. for “Court established by Royal Charter” (with effect from 
the 14th October, 1955). 
7 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “Twelve years”. 
THE FIRST SCHEDULE.—contd. 
THIRD DIVISION : APPLICATION—contd. 
Page 47 of 47 
 
 
 
Description of application. Period of limitation. Time from which period beings to 
run. 
order of 1[the supreme  Provided that when the judgment, 
Court].  decree or order has been revived, 
  or some   part   of   the   principal 
  money secured thereby, or some 
  interest on such money has been 
  paid, or some acknowledgment of 
  the right thereto has been given in 
  writing signed by the person liable 
  to pay such principal or interest or 
  his agent, to the person entitled 
  thereto or his agent, the twelve 
  years shall be computed from the 
  date of such revivor, payment or 
  acknowledgment or the latest of 
  such revivors, payments or 
  acknowledgments, as the case may 
  be. 
 
THE SECOND SCHEDULE.—[TERRITORIES REFERRED TO IN SECTION 31.] Rep. by the 
Repealing and Amending Act, 1930 (VIII of 1930), s.3 and Second Schedule. 
 
 
 
 
THE THIRD SCHEDULE.—[ENACTMENTS REPEALED.] 
Rep. by the Second Repealing and Amending Act, 1914 (XVII of 1914), 
s.3 and Second Schedule. 
 
 
 
 
 
 
1 Subs. by F.A.O. 1961, Art. 2 and Sch., for “His Majesty in Council” (with effect from the 23rd March, 1956).
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Section 31

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extent and commencement. 2*Limitation Act, 1908. 3[(2) It extends to the whole of Pakistan.] (1) This Act may be called the (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 is anything repugnant in the subject or context, (1) “applicant” incl

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Section 5A

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y the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s. 2. 2Subs. by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 2, for “by any enactment or rule”. 3A section 5A was temporarily ins. here for a period of six months with effect from the 13th February 1948, see the Negotiable Instruments. Act (Temporary Amdt.) Ordinance, 1948 (6 of 1948), s. 3 and the Ministry of Finance Notification No.

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Section 6

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e insane, and G is a minor. Time will not run against any of them until either E or F becomes sane, or G attains majority. 28. 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

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Section 7

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is a minor. Time will not run against any of them until either E or F becomes sane, or G attains majority. 28. 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 m

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Section 6

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accrued during his minority, attains majority eleven years after such accruer. A has, under the ordinary law, only one year remaining within which to sue. But under section 6 and this section an extension of two years will be allowed him, making in all a period of three years from the date o f his attaining majority, within which he may bring his suit. (b) A right to sue for an hereditary of

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Section 6

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ason. A has six years, under the ordinary law, from the date when his insanity ceased within which to institute a suit. No extension of time will be given him under section 6 read with this section. (c) A right to sue as landlord to recover possession from a tenant accrues to A, who is an idiot. A dies three years after the accruer, his idiocy continuing up to the date of his death. A’s re

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Section 6

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inuing up to the date of his death. A’s representative in interest has, under the ordinary law, nine years from the date of A’s death within which to bring a suit. Section 6 read with this section does not extend that time, except where the representative is himself under disability when the representation devolves upon him. 1Ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 19

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Section 3

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al 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 provi

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Section 4

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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 this Act shall not apply.]

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Section 22

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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 this Act shall not apply.] 1[(3)] Nothing in this Act sh

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Section 2

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hall not apply.] 1[(3)] Nothing in this Act shall apply to suits under the Divorce Act (IV of 1869). 1[(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 (V of 1882), may for the time being extend. 30 and 31. [Provision for suits for which the period prescribed is shorter than that pres

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Section 3

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sub-sections (2) and (3) were re-numbered as (3) and (4), by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 3. Page 14 of 47 THE FIRST SCHEDULE (See section 3) FIRST DIVISION : SUITS Description of suit. Period of limitation. Time from which period beings to run. 1. — To contest an award of the Board of Revenue Under the Waste Lands (Claims) Act, 1863 (XXII of

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Section 9

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n act alleged to be in pursuance of any enactment in force for the time being in 1[Pakistan.] 3. — Under the Specific Relief Act, 1877 (I of 1877), section 9, to recover possession of immoveable property. 2* * * Part I.—Thirty days. Thirty days .. Part II.—Ninety days. Ninety days. .. Part III.—Six months. Six months. .. * Whe

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Section 360

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—To restrain waste .. 42.—For compensation for injury caused by an injunction wrongfully obtained. 43. —Under the 2[Succession Act, 1925 (XXXIX of 1925), section 360 or section 361,] to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets. 44. —By a ward who has attained majority, to set aside a transfer or property by hi

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Section 361

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aste .. 42.—For compensation for injury caused by an injunction wrongfully obtained. 43. —Under the 2[Succession Act, 1925 (XXXIX of 1925), section 360 or section 361,] to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets. 44. —By a ward who has attained majority, to set aside a transfer or property by his guardian.

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Section 320

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1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2 Subs. by the Repealing and Amending Act, 1930 (8 of 1930), s.2 and First Sch., for “Indian Succession Act, 1865, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140”. 3 Articles 45 and 46 omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch. T

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Section 321

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23), s.2 and First Sch., for “Ditto”. 2 Subs. by the Repealing and Amending Act, 1930 (8 of 1930), s.2 and First Sch., for “Indian Succession Act, 1865, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140”. 3 Articles 45 and 46 omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch. THE FIRST SCHEDU

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Section 139

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nd Amending Act, 1930 (8 of 1930), s.2 and First Sch., for “Indian Succession Act, 1865, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140”. 3 Articles 45 and 46 omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch. THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd. Page 23 of 47

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Section 140

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, 1930 (8 of 1930), s.2 and First Sch., for “Indian Succession Act, 1865, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140”. 3 Articles 45 and 46 omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch. THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd. Page 23 of 47 Description

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Section 128(2)

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Thirty days .. The date of service of the notice of filling of the award.] 159.— For leave to appear and defend a suit under summary procedure referred to in section 128 (2)(f) 2[or under Order XXXVII] of the 3[Code of Civil Procedure, 1908 (V of 1908)]. 4[Ten days] .. When the summons in served. 160.— For an order under the same Code, to restore to the file an a

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Section 31

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or acknowledgment or the latest of such revivors, payments or acknowledgments, as the case may be. THE SECOND SCHEDULE.—[TERRITORIES REFERRED TO IN SECTION 31.] Rep. by the Repealing and Amending Act, 1930 (VIII of 1930), s.3 and Second Schedule. THE THIRD SCHEDULE.—[ENACTMENTS REPEALED.] Rep. by the Second Repealing and Amending Act, 1914 (XVII of 1914), s.3 and Se

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Section 5 of Negotiable Instruments Act, 1881

Cited by Limitation Act, 1908

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r context, (1) “applicant” includes any person from or through whom an applicant derives his right to apply: 4[(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

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Target heading · Negotiable Instruments Act, 1881

5. “Bill of exchange”. A “bill of exchange” is an instrument in writing containing an unconditional order, signed by the maker, directing a certain person to pay l[on demand or at a fixed or determinable future time] a certain sum of money only to, or to the order of, a certain person or to the bearer of the inst

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Section 48 of Code of Civil Procedure (CPC) , 1908 (Under Review)

Cited by Limitation Act, 1908

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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 1[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 dis

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Target heading · Code of Civil Procedure (CPC) , 1908 (Under Review)

248. Execution barred in certain cases .__ (1) Where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of 3[six years] from__ (a) the date of the decree s

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Section 25 of contract Act, 1872

Cited by Limitation Act, 1908

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as only proved enjoyment for fifteen years. 228. * * * * * * * PART V SAVINGS AND REPEALS 29. Savings. of 1872). 3[(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 L

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Section 128(2)(f) of Code of Civil Procedure (CPC) , 1908 (Under Review)

Cited by Limitation Act, 1908

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e 15 of 47 Description of suit. Period of limitation. Time from which period beings to run. 5.— Under the summary procedure referred to in section 128 (2) (f) of the Code of Civil Procedure, 1908 (V of 1908) 2[where the provision of such summary procedure does not exclude the ordinary procedure in such suits3* *]. 1[Part IV.—One year]. 4[One year] .. 5* * * One year ..

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Target heading · Code of Civil Procedure (CPC) , 1908 (Under Review)

128. Matters for which rules may provide.__ (1) Such rules shall be not inconsistent with the provisions in the body of this Code, but, subject thereto, may provide for any matters relating to the procedure of Civil Courts. (2) In particular, and without prejudice to the generality of the powers conferred by sub­

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Section 48 of Code of Civil Procedure (CPC) , 1908 (Under Review)

Cited by Limitation Act, 1908

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ecution of a decree for delivery of possession. 181. — Applications for which no period of limitation is provided elsewhere in this schedule or by section 48 of the Code of Civil Procedure, 1908 ( V of 1908). 5* * * 183.— To enforce a judgment, decree or order of any 6[High Court] in the exercise of its ordinary original civil jurisdiction, or an 3[Ninety days] Three years ..

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Target heading · Code of Civil Procedure (CPC) , 1908 (Under Review)

248. Execution barred in certain cases .__ (1) Where an application to execute a decree not being a decree granting an injunction has been made, no order for the execution of the same decree shall be made upon any fresh application presented after the expiration of 3[six years] from__ (a) the date of the decree s

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841e784d4b21b0b1649c2c20482634235c8a58f6b37755475af1404eb3e492c4
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35a1f21a4f2ad6c26a553600c6781065b36a0c25db87bd26d46a9bc01c7a535a
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Limitation Act, 1908
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