LIMITATION ACT, 1908
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THE LIMITATION ACT, 1908 (IX of 1908)
TEXT 1THE LIMITATION ACT, 1908 (IX of 1908) [7 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
(1) This Act may be called the 2[*] Limitation Act, 1908. 3[(2) It extends to the whole of Pakistan.]
(3) This section and section 31 shall come into force at once. The rest of this Act shall come into force on the first day of January, 1909.
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:
(4) “defendant” includes any person from or through whom a defendant derives his liability to be sued:
1The Act was published in the Gazette of India (Extraordinary), dated: 8 August 1908, pp. 175-192. For Statement of Objects and Reasons, see Gazette of India, 1908, Part V, p. 22; for Report of the Select Committee, see ibid., 1908, Part V, p. 223; and, for Proceedings in Council, see ibid., 1908, Part VI, pp. 2, 13, 37 and 145. 2The word “Indian” was omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
3Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
4Substituted by the Limitation (Amendment) Ordinance, 1980 (LXII of 1980), published in the Gazette of Pakistan (Extraordinary), dated: 24 December 1980, p. 556, s. 2.
(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 instituted, appeal preferred, and application made, after the period of limitation prescribed therefor by the first schedule shall be dismissed, although limitation has not been set up as a defence. Explanation.– A suit is instituted, in ordinary cases, when the plaint is presented to the proper officer; in the case of a pauper, when his application for leave to sue as a pauper is made; and, in the case of a claim against a company which is being 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.
Section 5. Extension of period in certain cases
Any appeal or application for 4[a revision or] a review of judgment or for leave to appeal or any other application to
1Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with Article 4.
2The expression “, but includes an Acceding State” was omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary) dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule.
3Substituted by the Limitation (Amendment) Ordinance, 1980 (LXII of 1980), published in the Gazette of Pakistan (Extraordinary), dated: 24 December 1980, p. 556, s. 2.
4Inserted by the Limitation (Amendment) Ordinance, 1962 (XLIII of 1962), published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 919-920, s. 2.
which this section may be made applicable 1[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. 2[5A.– * * * * * * * * * ]
Section 6. Legal disability
(1) Where a person entitled to institute a suit 3[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 therefor in the third column of the first schedule 5[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
1Substituted for the words “by any enactment or rule” by the Indian Limitation (Amendment) Act, 1922 (X of 1922); assented to by the Governor General on 5 March 1922; and, was published in the Gazette of India (Extraordinary), dated: 11 March 1922,
p. 99, s. 2. 2It was temporarily inserted for a period of three months by the Negotiable Instruments Act (Temporary Amendment) Ordinance, 1948 (IV of 1948), published in the Gazette of Pakistan (Extraordinary), dated: 13 February 1948, p. 51, s. 3 read with s. 1: thereafter, it was further extended for the same period by the Notification No. D. 2702-F/48, dated 11th May, 1948, issued by the Ministry of Finance, published in the Gazette of Pakistan, 1948, Part I, p. 258.
3Inserted by the Limitation (Amendment) Ordinance, 1962 (XLIII of 1962), published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 919-920, s. 3.
4Ibid. 5Added ibid.
majority, and is succeeded by Y, his minor son. Time runs against Y from the date of his attaining majority.
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 of 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.
Section 8. Special exceptions
Nothing in section 6 or in section 7 applies to suits to enforce rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of the disability or the death of the person affected thereby, the period within which any suit must be instituted or application made. 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.
Section 9. Continuous running of time
Where once time has begun to run, no subsequent disability or inability to sue stops it:
Provided that, where letters 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.
1Inserted by the Limitation (Amendment) Ordinance, 1962 (XLIII of 1962), published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 919-920, s. 4.
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, 2[Muslim] 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 3[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 4[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.
1Inserted by the Indian Limitation (Amendment) Act, 1929 (I of 1929); assented to by the Governor General on 20 February 1929; and, was published in the Government Gazette, Punjab and its Dependencies (Extraordinary), dated: 22 March 1929, pp.
7-8, s. 2.
2Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
3Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. It was earlier substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with Article 4.
4Ibid.
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 defendant’s absence from 2[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 3[Pakistan] and from the territories beyond 4[Pakistan] under the administration of 5[the 6[Federal Government] 7[* * * * ] ]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.
1Added by the Limitation (Amendment) Act, 1991 (XIII of 1991); assented to by the President on 4 July 1991; and, was published in the Gazette of Pakistan (Extraordinary), dated: 6 July 1991, p. 323, s. 2.
2Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
They were earlier substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Article 4.
3Ibid.
4Ibid.
5Substituted for the words “the Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
6Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
7The words “or the Crown Representative” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O.
No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
Explanation III.– For the purposes of this section, misjoinder of parties or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction.
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.
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 prosecuted 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 in respect of any property or right an
acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by some person through whom he derives title or liability, a fresh period of limitation shall be computed from the time when the acknowledgment was so signed.
(2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but, subject to the provisions of the Indian Evidence Act, 1872 1, 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.
20. 2[Effect of payment on account of debt or of interest on legacy.– (1) Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy, or by his duly authorised agent, a fresh period of limitation shall be computed from the time when the payment was made.]
3[Provided that 4[* * * * * * * * * * * * * * * * * * * *] an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment.]
(2) Effect of receipt of produce of mortgaged land.– Where mortgaged land is in the possession of the mortgagee the receipt of the rent or produce of such land shall be deemed to be a payment for the purpose of 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 this 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 authorized by such guardian, committee or manager to sign the acknowledgment or make the payment.
1I of 1872. Now the Qanoon-e-Shahdat Order, 1984.
2Substituted by the Indian Limitation (Amendment) Act, 1942 (XVI of 1942); assented to by the Governor General on 30 March 1942; and, was published in the Gazette of India (Extraordinary), dated: 4 April 1942, p. 29, s. 2.
3Substituted by the Indian Limitation (Amendment) Act, 1927 (I of 1927); assented to by the Governor General on 18 February 1927; and, was published in the Gazette of India (Extraordinary), dated: 26 February 1927, pp. 1-2, s. 2: it came into force on 1 January 1928.
4The expression “, save in the case of a payment of interest made before the 1st day of January, 1928,” was omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary) dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule.
(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.
1[(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.]
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.
1Inserted by the Indian Limitation (Amendment) Act, 1927 (I of 1927); assented to by the Governor General on 18 February 1927; and, was published in the Gazette of India (Extraordinary), dated: 26 February 1927, pp. 1-2, s. 3: it came into force on 1 January 1928.
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 is contested.
(2) Where the property over which a right is claimed under sub-section (1) belongs to 1[the 2[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
1Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
2Substituted for the word “Crown” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp.102-163, Article 2 read with the Table: it came into force on 23 March 1956.
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, a 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.
[1] Section 28. Extinguishment of right to property
* * * * ]
PART V
Savings and Repeals
Section 29. Savings
2[(1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872
3.
(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.] 4[(3)] Nothing in this Act shall apply to suits under the Indian Divorce Act
5.
1Omitted by the Limitation (Amendment) Act, 1995 (II of 1995); assented to by the President on 12 October 1995; and, was published in the Gazette of Pakistan (Extraordinary), dated: 18 October 1995, pp. 939-940, s. 2.
2Substituted by the Indian Limitation (Amendment) Act, 1922 (X of 1922); assented to by the Governor General on 5 March 1922; and, was published in the Gazette of India (Extraordinary), dated: 11 March 1922, p. 99, s. 3.
3IX of 1872. Now the Contract Act, 1872 because the word “Indian” deemed to be omitted by omission of the said word in the “short title” of the Indian Contract Act by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 4Renumbered by the Indian Limitation (Amendment) Act, 1922 (X of 1922); assented to by the Governor General on 5 March 1922; and, was published in the Gazette of India (Extraordinary), dated: 11 March 1922, p. 99, s. 2. 5IV 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 Indian Easements Act, 1882 2, may for the time being extend.
[3] Section 30. Provision for suits for which the period prescribed is shorter than that prescribed by the Indian Limitation Act, 1877
* * * ]
[4] Section 31. Provision for suits by certain mortgagees in territories mentioned in the second schedule
* * * * * * * ]
[5] Section 32. Repeals
* * * * * * * * ]
1Ibid. 2V of 1882. 3Repealed by the Repealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published in the Punjab Gazette, dated: 11 April 1930, pp. 143-144, s. 3 read with the Second Schedule.
4Ibid. 5Repealed by the Second Repealing and Amending Act, 1914 (XVII of 1914); assented to by the Governor General on 16 September 1914; and, was published in the Gazette of India (Extraordinary), dated: 19 September 1914, pp. 68-72, s. 3 read with the Second Schedule.
THE FIRST SCHEDULE (See section 3.) First Division: Suits. Description of suit. Period of limitation. Time from which period begins to run. Part I.– Thirty days. 1.– To contest an award of the Board of Revenue under the Waste Lands
(Claims) Act, 1863
1. Thirty days. When notice of the award is delivered to the plaintiff. Part II.– Ninety days. 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 2[Pakistan]. Ninety days. When the act or omission takes place. Part III.– Six months. 3.– Under the Specific Relief Act, 1877 3, section 9, to recover possession of immoveable property. Six months. When the dispossession occurs. 4[4.– * * * * * * * * ] 5[Part IV.– One year.]
1XXIII of 1863.
2Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
They were earlier substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 3I of 1877. 4Repealed by the Repealing and Amending Act, 1937 (XX of 1937); assented to by the Governor General on 14 April 1937; and, was published in the Gazette of India (Extraordinary), dated: 17 April 1937, pp. 40-44, s. 3 read with the Second Schedule.
5Inserted by the Indian Limitation (Amendment) Act, 1925 (XXX of 1925); assented to by the Governor General on 23 September 1925; and, was published in the Gazette of India (Extraordinary), dated: 3 October 1925, p. 59, s. 2.
5.– Under the summary procedure referred to in section 128 (2) (f) of the Code of Civil Procedure, 1908 1 2[where the provision of such summary procedure does not exclude the ordinary procedure in such suits 3[* * * * * * * *]. 4[One year].
When the debt or liquidated demand becomes payable or when the property becomes recoverable.
5[* * * *] 6.– Upon a Statute, Act, Regulation or Bye-law, for a penalty or forfeiture. One year.
When the penalty or forfeiture is incurred. 7.– For the wages of a household servant, artisan or labourer 6[* * * * * * * * *]. 7[One year]. When the wages accrue due. 8.– For the price of food or drink sold by the keeper of a hotel, tavern or lodging-
house. 8[One year]. When the food or drink is delivered. 9.– For the price of lodging. 9[One year]. When the price becomes payable.
1V of 1908.
2Added by the Indian Limitation (Amendment) Act, 1925 (XXX of 1925); assented to by the Governor General on 23 September 1925; and, was published in the Gazette of India (Extraordinary), dated: 3 October 1925, p. 59, s. 2.
3Omitted the expression “and under Order XXXVII of the said Code” by the Civil Procedure and Limitation (Amendment) Ordinance, 1961 (IX of 1961), published in the Gazette of Pakistan (Extraordinary), dated: 6 March 1961, pp. 700-701, s. 3.
4Substituted for the words “Six months” by the Indian Limitation (Amendment) Act, 1925 (XXX of 1925); assented to by the Governor General on 23 September 1925; and, was published in the Gazette of India (Extraordinary), dated: 3 October 1925, p.
59, s. 2. It was earlier substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51- 56, s. 2 read with the First Schedule. 5Omitted the heading “Part IV.– One year” by the Indian Limitation (Amendment) Act, 1925 (XXX of 1925); assented to by the Governor General on 23 September 1925; and, was published in the Gazette of India (Extraordinary), dated: 3 October 1925, p. 59, s. 2. 6Omitted the expression “not provided for by this Schedule, Article 4” by the Repealing and Amending Act, 1939 (XXXIV of 1939); assented to by the Governor General on 28 September 1939; and, was published in the Gazette of India (Extraordinary), dated: 30 September 1939, pp. 204-207, s. 2 read with the First Schedule.
7Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
8Ibid.
9Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
10.– To enforce a right of pre-emption, whether the right is founded on law, or general usage, or on special contract. 1[One year].
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:
(1) Order under the Code of Civil Procedure, 1908 2, on a claim preferred to, or an objection made to the attachment of, property attached in execution of a decree;
3[(2) * * * *] 4[One year].
The date of the order. 11A.– By a person against whom an order has been made under the Code of Civil Procedure, 1908 5, 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 6[One year]. The date of the order.
1Ibid., for the words “one year”. 2V of 1908. 3Repealed by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951); assented to by the Governor-General on 10 May 1951; and, was published in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 3 read with the Second Schedule.
4Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
5V of 1908.
6Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
he claims to the present possession of the property comprised in the order.
12.– To set aside any of the following sales:–
(a) sale in execution of a decree of a Civil Court;
(b) sale in pursuance of a decree or order of a Collector or other officer of revenue;
(c) sale for arrears of Government revenue, or for any demand recoverable as such arrears;
(d) sale of a patni taluq sold for current arrears of rent. Explanation.– In this article “patni” includes any intermediate tenure saleable for current arrears of rent. 1[One year]. When the sale is confirmed, or would otherwise have become final and conclusive had no such suit been brought. 13.– To alter or set aside a decision or order of a Civil Court in any proceeding other than a suit. 2[One year].
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. 3[One year]. 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. 4[One year]. When the attachment, lease or transfer is
made. 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. 5[One year]. When the payment is
made.
1Substituted for the words “One year” by the Act ibid.
2Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
3Ibid.
4Ibid.
5Ibid.
17.– Against Government for compensation for land acquired for public purposes. 1[One year].
The date of determining the amount of the compensation. 18.– Like suit for compensation when the acquisition is not completed. 2[One year].
The date of the refusal to complete. 19.– For compensation for false imprisonment. 3[One year]. When the imprisonment ends. 20.– By executors, administrators or representatives under the Legal Representatives’ Suits Act, 1855
4. 5[One year].
The date of the death of the person wronged. 21.– By executors, administrators or representatives under the Indian Fatal Accidents Act, 1855
6. 7[One year]. The date of the death of the person killed. 22.– For compensation for any other injury to the person. 8[One year].
When the injury is committed. 23.– For compensation for a malicious prosecution. 9[One year]. When the plaintiff is acquitted, or the prosecution is otherwise terminated. 24.– For compensation for libel. 10[One year].
When the libel is published. 25.– For compensation for slander. 11[One year]. When the words are spoken, or, if the words are not
1Ibid. 2Ibid., for the words “One year”.
3Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
4XII of 1855.
5Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
6XIII of 1855.
7Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
8Ibid.
9Ibid. 10Ibid. 11Ibid.
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. 1[One year].
When the loss occurs. 27.– For compensation for inducing a person to break a contract with the plaintiff. 2[One year].
The date of the breach. 28.– For compensation for an illegal, irregular or excessive distress. 3[One year].
The date of the distress. 29.– For compensation for wrongful seizure of moveable property under legal process. 4[One year].
The date of the seizure. 30.– Against a carrier for compensation for losing or injuring goods. 5[One year].
When the loss or injury occurs. 31.– Against a carrier for compensation for non-delivery of, or delay in delivering,
goods. 6[One year].
When the goods ought to be delivered. Part V.– Two Years 32.– Against one who, having a right to use property for specific purposes, perverts it to other purposes. Two years. When the perversion first becomes known to the person injured thereby. 33.– Under the Legal Representatives’ Suits Act, 1855 7, against an executor. 8[Two years]. When the wrong complained of is done.
1Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
2Ibid.
3Ibid.
4Ibid.
5Ibid. 6Ibid., for the words “One year”. 7XII of 1855.
8Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
34.– Under the same Act against an administrator. 1[Two years].
Ditto. 35.– Under the same Act against any other representative. 2[Two years].
Ditto. 36.– For compensation for any malfeasance, misfeasance or non- feasance independent of contract and not herein specially provided for. 3[Two years].
When the malfeasance, misfeasance or non- feasance takes place. Part VI.– Three Years. 37.– For compensation for obstructing a way or a watercourse. Three Years. The date of the obstruction. 38.– For compensation for diverting a watercourse. 4[Three years]. The date of the diversion. 39.– For compensation for trespass upon immoveable property. 5[Three years]. The date of the trespass. 40.– For compensation for infringing copyright or any other exclusive privilege. 6[Three years]. The date of the infringement. 41.– To restrain waste. 7[Three years]. When the waste begins. 42.– For compensation for injury caused by an injunction wrongfully obtained.
8[Three years].
When the injunction ceases.
1Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
2Ibid.
3Ibid.
4Ibid.
5Ibid.
6Ibid.
7Ibid.
8Ibid.
43.– Under the 1[Succession Act, 1925 2, 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. 3[Three years]. The date of the payment or distribution. 44.– By a ward who has attained majority, to set aside a transfer of property by his guardian. 4[Three years].
When the ward attains majority. 5[45.–* * *
* *
*
*] 6[46.–* * *
* *
*
*] 47.– By any person bound by an order respecting the possession of immoveable property made under the Code of Criminal Procedure, 1898 7, 8[* * * * * * * *] or by any one claiming under such person, to recover the property comprised in such order. 9[Three years]. The date of the final order in the case. 48.– For specific moveable property lost, or acquired by theft, or dishonest misappropriation or 10[Three years].
When the person having the right to be possession of conversion, or for compensation for wrongfully taking or detaining the same.
the property first learns in whose possession it is.
1Substituted for the words “Indian Succession Act, 1865, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140” by the Repealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published in the Punjab Gazette, dated: 11 April 1930, pp. 143-144, s. 2 read with the First Schedule.
2XXX of 1925.
3Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
4Ibid., for the words “Three years”.
5Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary) dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule.
6Ibid. 7V of 1898. 8Omitted the expression “or the Mamlatdars’ Courts Act, 1906,” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule.
9Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
10Ibid.
1[48-A.– 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. Three years. When the sale becomes known to the plaintiff. 48-B.– To set aside sale of moveable property comprised in a Hindu, 2[Muslim] or Buddhist religious or charitable endowment made by a manager thereof for a valuable consideration. Three years. When the sale becomes known to the plaintiff.] 49.– For other specific moveable property, or for compensation for wrongfully taking or injuring or wrongfully detaining the same. 3[Three years]. When the property is wrongfully taken or injured, or when the detainer’s possession becomes unlawful. 50.– For the hire of animals, vehicles, boats or house-hold furniture. 4[Three years]. When the hire becomes payable. 51.– For the balance of money advanced in payment of goods to be delivered. 5[Three years].
When the goods ought to be delivered. 52.– For the price of goods sold and delivered, where no fixed period of credit is agreed upon. 6[Three years].
The date of the delivery of the goods. 53.– For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit.
7[Three years].
When the period of credit expires.
1Inserted by the Indian Limitation (Amendment) Act, 1929 (I of 1929); assented to by the Governor General on 20 February 1929; and, was published in the Government Gazette, Punjab and its Dependencies (Extraordinary), dated: 22 March1929, pp.
7-8, s. 3.
2Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
3Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
4Substituted for the words “Three years” by the Act ibid.
5Substituted for the word “Ditto” by the Act ibid.
6Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
7Ibid.
54.– For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given.
1[Three years].
When the period of the proposed bill elapses. 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. 2[Three years]. The date of the sale. 56.– For the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment. 3[Three years].
When the work is
done. 57.– For money payable for money lent. 4[Three years]. When the loan is
made. 58.– Like suit when the lender has given a cheque for the money. 5[Three years]. When the cheque is
paid. 59.– For money lent under an agreement that it shall be payable on demand. 6[Three years]. When the loan is
made. 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. 7[Three years].
When the demand is
made. 61.– For money payable to the plaintiff for money paid for the defendant. 8[Three years]. When the money is
paid. 62.– For money payable by the defendant to the plaintiff for money received by the defendant for the plaintiff’s use.
9[Three years].
When the money is received.
1Ibid.
2Ibid.
3Ibid.
4Ibid.
5Ibid.
6Ibid.
7Ibid.
8Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
9Ibid., for the words “Three years”.
63.– For money payable for interest upon money due from the defendant to the plaintiff. 1[Three years]. When the interest becomes due. 64.– For money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them. 2[Three years]. 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. 3[64A.– Under Order XXXVII of the Code of Civil Procedure.
Three years.
When the debt becomes payable.] 65.– For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency. 4[Three years]. When the time specified arrives or the contingency happens. 66.– On a single bond, where a day is specified for payment. 5[Three years].
The day so specified. 67.– On a single bond, where no such day is specified. 6[Three years]. The date of executing the bond. 68.– On a bond subject to a condition. 7[Three years]. When the condition is broken. 69.– On a bill of exchange or promissory note payable at a fixed time after date. 8[Three years]. When the bill or note falls due.
1Ibid., for the word “Ditto”.
2Ibid.
3Inserted by the Civil Procedure and Limitation (Amendment) Ordinance, 1961 (IX of 1961), published in the Gazette of Pakistan (Extraordinary), dated: 6 March 1961, pp. 700-701, s. 3.
4Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
5Ibid.
6Ibid.
7Ibid.
8Ibid.
70.– On a bill of exchange payable at sight or after sight, but not at a fixed
time. 1[Three years]. When the bill is presented. 71.– On a bill of exchange accepted payable at a particular place. 2[Three years]. When the bill is presented at that
place. 72.– On a bill of exchange or promissory note payable at a fixed time after sight or after demand. 3[Three years]. When the fixed time expires. 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. 4[Three years].
The date of the bill or
note. 74.– On a promissory note or bond payable by instalments. 5[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. 6[Three years]. 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 no such waiver. 76.– On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen. 7[Three years]. The date of the delivery to the payee.
1Ibid.
2Ibid.
3Ibid. 4Ibid., for the words “Three years”.
5Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
6Ibid.
7Ibid.
77.– On a dishonoured foreign bill, where protest has been made and notice
given. 1[Three years].
When the notice is
given. 78.– By the payee against the drawer of a bill of exchange, which has been dishonoured by non-acceptance. 2[Three years]. The date of the refusal to accept. 79.– By the acceptor of an accommodation-bill against the drawer.
3[Three years].
When the acceptor pays the amount of the bill. 80.– Suit on a bill of exchange, promissory note or bond not herein expressly provided for. 4[Three years]. When the bill, note or bond becomes payable. 81.– By a surety against the principal debtor. 5[Three years].
When the surety pays the creditor. 82.– By a surety against a co-surety. 6[Three years]. When the surety pays anything in excess of his own share. 83.– Upon any other contract to indemnify. 7[Three years].
When the plaintiff is actually damnified. 84.– By an attorney or vakil for his costs of a suit or a particular business, there being no express agreement as to the time when such costs are to be paid. 8[Three years]. The date of the termination of the suit or business, or (where the attorney or vakil properly discontinues the suit or business) the date of such discontinuance.
1Ibid.
2Ibid.
3Ibid.
4Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
5Ibid.
6Substituted for the words “Three years” by the Act ibid.
7Ibid., for the word “Ditto”.
8Ibid.
85.– For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties. 1[Three years]. 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. 86.– 2[(a) On a policy of insurance when the sum insured is 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.] 3[Three years].
4[(a) The date of the death of the deceased.
(b) The date of the occurrence causing the loss.] 87.– By the assured to recover premia paid under a policy voidable at the election of the insurers. 5[Three years]. When the insurers elect to avoid the policy.
88.– Against a factor for an account. 6[Three years]. When the account is, during the continuance of the agency, demanded and refused or, where no such demand is made, when the agency terminates. 89.– By a principal against his agent for moveable property received by the latter and not accounted for. 7[Three years].
Ditto.
1Ibid.
2Substituted by the Insurance (Amendment) Act, 1941 (XIII of 1941); assented to by the Governor General on 8 April 1941; and, was published in the Government Gazette, Punjab (Extraordinary), dated: 18 April 1941, pp. 107-130, s. 68.
3Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
4Substituted by the Insurance (Amendment) Act, 1941 (XIII of 1941); assented to by the Governor General on 8 April 1941; and, was published in the Government Gazette, Punjab (Extraordinary), dated: 18 April 1941, pp. 107-130, s. 68. It was earlier
substituted by the Insurance Act, 1938 (IV of 1938); assented to by the Governor General on 26 February 1938; and, was published in the Gazette of India (Extraordinary), dated: 5 March 1938, pp. 27-102, s. 122 read with the First Schedule.
5Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
6Ibid.
7Ibid.
90.– Other suits by principals against agents for neglect or misconduct. 1[Three years].
When the neglect or misconduct becomes known to the plaintiff. 91.– To cancel or set aside an instrument not otherwise provided for. 2[Three years]. When the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him. 92.– To declare the forgery of an instrument issued or registered. 3[Three years]. When the issue or registration becomes known to the plaintiff. 93.– To declare the forgery of an instrument attempted to be enforced against the plaintiff. 4[Three years].
The date of the attempt. 94.– For property which the plaintiff has conveyed while insane. 5[Three years]. When the plaintiff is restored to sanity, and has knowledge of the conveyance. 95.– To set aside a decree obtained by fraud, or for other relief on the ground of
fraud. 6[Three years]. When the fraud becomes known to the party wronged. 96.– For relief on the ground of mistake. 7[Three years]. When the mistake becomes known to the plaintiff. 97.– For money paid upon an existing consideration which afterwards fails. 8[Three years]. The date of the failure.
1Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
2Substituted for the words “Three years” by the Act ibid.
3Ibid., for the word “Ditto”.
4Ibid.
5Ibid.
6Ibid.
7Ibid.
8Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
98.– To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. 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. 2[Three years].
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. 3[Three years].
When the right to contribution accrues. 101.– For a seaman’s wages. 4[Three years]. The end of the voyage during which the wages are earned. 102.– For wages not otherwise expressly provided for by this schedule. 5[Three years]. When the wages accrue due. 103.– By a 6[Muslim] for exigible dower (mu’ajjal). 7[Three years]. 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.
1Ibid.
2Ibid. 3Ibid., for the words “Three years”. 4Ibid., for the word “Ditto”.
5Ibid.
6Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
7Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
104.– By a 1[Muslim] for deferred dower (mu’wajjal). 2[Three years]. When the marriage is dissolved by death or divorce. 105.– By a mortgagor after the mortgage has been satisfied, to recover surplus collections received by the mortgagee. 3[Three years].
When the mortgagor re-enters on the mortgaged property. 106.– For an account and a share of the profits of a dissolved partnership. 4[Three years]. The date of the dissolution. 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. 5[Three years]. The date of the payment. 108.– By a lessor for the value of trees cut down by his lessee contrary to the terms of the lease. 6[Three years].
When the trees are cut
down. 109.– For the profits of immoveable property belonging to the plaintiff which have been wrongfully received by the defendant. 7[Three years].
When the profits are received. 110.– For arrears of rent. 8[Three years]. When the arrears become due. 111.– By a vendor of immoveable property for personal payment of unpaid purchase-money. 9[Three years].
The time fixed for completing the sale, or (where the title is accepted after the time fixed for completion) the date of the acceptance.
1Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
2Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
3Ibid.
4Ibid.
5Ibid.
6Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
7Substituted for the words “Three years” by the Act ibid.
8Substituted for the word “Ditto” by the Act ibid.
9Ibid.
112.– For a call by a company registered under any Statute or Act. 1[Three years].
When the call is payable. 113.– For specific performance of a contract. 2[Three 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. 3[Three years]. 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. 4[Three years]. 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. Part VII.– Six years. 116.– For compensation for the breach of a contract in writing registered. Six years. 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
5. 6[Six years]. The date of the judgment.
1Ibid.
2Ibid.
3Ibid.
4Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
5V of 1908.
6Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
118.– To obtain a declaration that an alleged adoption is invalid, or never, in fact, took place. 1[Six years].
When the alleged adoption becomes known to the plaintiff. 119.– To obtain a declaration that an adoption is valid. 2[Six years].
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. 3[Six years].
When the right to sue accrues. Part VIII.– Twelve years. 121.– To avoid incumbrances or under- tenures in an entire estate sold for arrears of Government revenue, or in a patni taluq or other saleable tenure sold for arrears of rent. Twelve years. When the sale becomes final and conclusive. 122.– Upon a judgment obtained in 4[Pakistan] or a recognisance. 5[Twelve years]. The date of the judgment or recognisance. 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. 6[Twelve years]. When the legacy or share becomes payable or deliverable. 124.– For possession of an hereditary office. 7[Twelve years]. When the defendant takes possession of the office adversely to the plaintiff. Explanation.– An hereditary office is possessed when the
1Ibid.
2Ibid.
3Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
4Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
They were earlier substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with Article 4.
5Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
6Ibid.
7Substituted for the word “Twelve years” by the Act ibid.
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 1[Muslim] female by a Hindu or 2[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 her life or until her re-marriage. 3[Twelve years]. The date of the alienation. 126.– By a Hindu governed by the law of the Mitakshara to set aside his father’s alienation of ancestral property. 4[Twelve years]. When the alienee takes possession of the property. 127.– By a person excluded from joint family property, to enforce a right to share therein. 5[Twelve years].
When the exclusion becomes known to the plaintiff. 128.– By a Hindu for arrears of maintenance. 6[Twelve years]. When the arrears are payable. 129.– By a Hindu for a declaration of his right to maintenance. 7[Twelve years].
When the right is denied. 130.– For the resumption or assessment of rent-free-land. 8[Twelve years]. When the right to resume or assess the land first accrues.
1Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
2Ibid.
3Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
4Ibid.
5Ibid.
6Ibid.
7Ibid.
8Ibid.
131.– To establish a periodically recurring right. 1[Twelve years]. When the plaintiff is first refused the enjoyment of the right.
Section 132. – To enforce payment of money charged upon immoveable property. 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
(c) advances secured by mortgage by deposit of title-deeds], shall be deemed to be money charged upon immoveable property.] 4[Twelve years].
When the money sued for becomes due. 5[133.– * * * *
* * * ] 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.
6[Twelve years]. 7[When the transfer becomes known to the plaintiff].
1Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
2Substituted by the Indian Limitation (Amendment) Act, 1927 (I of 1927); assented to by the Governor General on 18 February 1927; and, was published in the Gazette of India (Extraordinary), dated: 26 February 1927, pp. 1-2, s. 4: it came into force on 1 January 1928.
3Inserted by the Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929); assented to by the Governor General on 25 October 1929; and, was published in the Punjab Gazette, dated: 25.10.1929, pp. 136-153, s. 9: it came into force on 1 April 1929.
4Substituted for the words “twelve years” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
5Omitted by the Indian Limitation (Amendment) Act, 1929 (I of 1929); assented to by the Governor General on 20 February 1929; and, was published in the Government Gazette, Punjab and its Dependencies (Extraordinary), dated: 22 March 1929, pp.
7-8, s. 3.
6Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
7Substituted for the words “the date of the transfer” by the Indian Limitation (Amendment) Act, 1929 (I of 1929); assented to by the Governor General on 20 February 1929; and, was published in the Government Gazette, Punjab and its Dependencies (Extraordinary), dated: 22 March 1929, pp. 7-8, s. 3.
1[134-A.– To set aside a transfer of immoveable property comprised in a Hindu, 2[Muslim] or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. Twelve years. When the transfer becomes known to the plaintiff. 134-B.– By the manager of a Hindu, 3[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.
Twelve years. The death, resignation or removal of the transferor. 134-C.– By the manager of a Hindu, 4[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.
Twelve years. The death, a resignation or removal of the seller.] 135.– Suit instituted in a Court 5[other than a High Court] by a mortgagee for possession of immoveable property mortgaged. 6[Twelve years]. When the mortgagor’s right to possession determines. 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. 7[Twelve years].
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 8[Twelve years]. When the judgment- debtor is first entitled to possession.
1Inserted by the Act ibid.
2Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
3Ibid.
4Ibid.
5Substituted for the words “not established by Royal Charter” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
6Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
7Ibid.
8Ibid.
at the date of the sale. 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. 1[Twelve years].
The date when the sale becomes absolute. 139.– By a landlord to recover possession from a tenant. 2[Twelve years]. When the tenancy is determined. 140.– By a remainderman, a reversioner (other than a landlord) or a devisee, for possession of immoveable property. 3[Twelve years]. When his estate falls into possession. 141.– Like suit by a Hindu or 4[Muslim] entitled to the possession of immoveable property on the death of a Hindu or 5[Muslim] female. 6[Twelve years].
When the female dies. 142.– For possession of immoveable property when the plaintiff, while in possession of the property, has been dispossessed or has discontinued the possession. 7[Twelve years].
The date of the dispossession or discontinuance. 143.– Like suit, when the plaintiff has become entitled by reason of any forfeiture or breach of condition. 8[Twelve years]. When the forfeiture is incurred or the condition is broken. 9[144.–* * * * * * * ]
1Ibid., for the words “Twelve years”. 2Ibid., for the word “Ditto”.
3Ibid.
4Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
5Ibid.
6Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
7Ibid.
8Ibid.
9Omitted by the Limitation (Amendment) Act, 1995 (II of 1995); assented to by the President on 12 October 1995; and, was published in the Gazette of Pakistan (Extraordinary), dated: 18 October 1995, pp. 939-940, s. 3.
Part IX.– Thirty years. 145.– Against a depositary or pawnee to recover moveable property deposited or pawned. Thirty years. The date of the deposit or pawn. 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. 2[Thirty years]. 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 dis- possessed or of which it has discontinued the possession. 3[Thirty years].
The date of the dispossession or discontinuance. Part X.– Sixty years. 147.– By a mortgagee for foreclosure or
sale. Sixty years. When the money secured by the mortgage becomes
due.
1Substituted for the words “Court established by Royal Charter” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
2Substituted for the words “Thirty years” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
3Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
148.– Against a mortgagee to redeem or to recover possession of immoveable property mortgaged. 1[Sixty years]. When the right to redeem or to recover possession accrues:
Provided that all claims to redeem arising under instruments of mortgage 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.– Any suit by or on behalf of 2[* * * * * * * * * * * * * * *] 3[the 4[Federal Government] or any Provincial Government] 5[except a suit before the 6[Supreme Court] in the exercise of its original jurisdiction]. 7[Sixty years]. When the period of limitation would begin to run under this Act against a like suit by a private person.
1Ibid. 2Omitted the expression “the Secretary of State for India in Council, [the Secretary of State, the Crown Representative,]” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. The words in crotches “the Secretary of State, the Crown Representative,” and the rest of the words “the Central Government or any Provincial Government” were
inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
3Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule.
4Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations.
5Inserted by the Indian Limitation (Amendment) Act, 1937 (XIV of 1937); assented to by the Governor General on 13 March 1937; and, was published in the Gazette of India (Extraordinary), dated: 20 March 1937, p. 28, s. 2.
6Substituted for the words “Federal Court” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp.102-163, Article 2 read with the Schedule: it came into force on 23 March 1956.
7Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
SECOND DIVISION : APPEALS Description of appeal. Period of limitation. Time from which period begins to run. 150.– Under the Code of Criminal Procedure, 1898 1, from a sentence of death passed by a Court of Session 2[or by a High Court in the exercise of its original Criminal Jurisdiction]. Seven days. The date of the sentence. 3[150A.–* * * * * * * ] 151.– From a decree or order of 4[a High Court] in the exercise of its original jurisdiction.
Twenty days. The date of the decree or order. 152.– Under the Code of Civil Procedure, 1908 5, to the Court of a District Judge. Thirty days. The date of the decree or order appealed
from. 153.– Under the same Code, to a High Court from an order of a Subordinate Court refusing leave to appeal to 6[the Supreme Court]. 7[Thirty days].
The date of the order. 154.– Under the Code of Criminal Procedure, 1898 8, to any Court other than a High Court. 1[Thirty years]. The date of the sentence or order appealed from.
1V of 1898.
2Added by the Criminal Procedure Amendment Act, 1943 (XXVI of 1943); assented to by the Governor General on 27 November 1943; and, was published in the Gazette of India (Extraordinary), pp. 73-75, s. 8.
3Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), received the assent on Governor General on 13.1.1950, s. 2 and Schedule. It was inserted by the Criminal Law Amendment Act, 1923 (XII of 1923); assented to by the Governor General on 10 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 24 March 1923,
pp. 57-62, s. 42.
4Substituted for the words “[the High Court of East Bangal or the High Court at] Lahore” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
The words in crotches were earlier substituted for the words “any of the High Courts of Judicature at Fort William, Madras, Bombay and” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. Substituted for the words “Lahore and Rangoon”, “and Lahore” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. The words “Madras and Bombay or the Chief Court of the Punjab or the Chief Court of Lower Burma” were substituted for the words “Madras, Bombay, Lahore and Rangoon” by the Repealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published in the Punjab Gazette, dated: 11 April 1930, pp. 143-144, s. 2 read with the First Schedule. 5V of 1908.
6Substituted for the words “His Majesty in Council” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp.102-163, Article 2 read with the Schedule: it came into force on 23 March 1956.
7Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
8V of 1898.
155.– Under the same Code, to a High Court, except in the cases provided for by article 150 and article 157. Sixty days.
Ditto. 156.– Under the Code of Civil Procedure,1908 2, 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 3, 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. 4[158.– Under the Arbitration Act, 1940 5, to set aside an award or to get an award remitted for reconsideration. Thirty days. The date of service of the notice of filing of the award.] 159.– For leave to appear and defend a suit under the summary procedure referred to in section 128 (2)(f) 6[or under Order XXXVII] of the 7[Code of Civil Procedure, 1908 8]. 9[Ten days].
When the summons is served. 160.– For an order under the same Code, to restore to the file an application for review rejected in consequence of the failure of the applicant to appear when the application was called on for hearing. Fifteen days.
When the application for review is rejected. 161.– For a review of judgment by a 1[*] 4[Fifteen days]. The date of the decree
1Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
2V of 1908. 3V of 1898.
4Substituted by the Arbitration Act, 1940 (X of 1940); assented to by the Governor General on 11 March 1940; and, was published in the Gazette of India (Extraordinary), dated: 16 March 1940, pp. 41-52, s. 49 read with the Fourth Schedule: it came into force on 1 July 1940. It was earlier amended by the Repealing and Amending Act, 1919 (XVIII of 1919); assented to by the Governor General on 17 September 1919; and, was published in the Gazette of India (Extraordinary), dated: 20 September 1919, pp. 39-47, s. 2 read with the First Schedule.
5X of 1940.
6Inserted by the Indian Limitation (Amendment) Act, 1925 (XXX of 1925); assented to by the Governor General on 23 September 1925; and, was published in the Gazette of India (Extraordinary), dated: 3 October 1925, p. 59, s. 3.
7Substituted for the words “same Code” by the Arbitration Act, 1940 (X of 1940); assented to by the Governor General on 11 March 1940; and, was published in the Gazette of India (Extraordinary), dated: 16 March 1940, pp. 41-52, s. 49 read with the Fourth Schedule: it came into force on 1 July 1940.
8V of 1908.
9Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
Court of Small Causes 2[* * * * * * * * *] or by a Court invested with the jurisdiction of a 3[*] Court of Small Causes when exercising that jurisdiction. or order. 162.– For a review of judgment by 5[a High Court] in the exercise of its original jurisdiction. Twenty days.
Ditto. 6[162-A. Revision under section 115 of the Code of Civil Procedure, 1908 (V of
1908) Ninety days. From the date of the decision sought to be revised.] 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.
Thirty days. The date of the dismissal.
1The word “Provincial” was omitted by the Berar Laws Act, 1941 (IV of 1941); assented to by the Governor General on 17 March 1941; and, was published in the Gazette of India (Extraordinary), dated: 23 March 1941, pp. 12-17, s. 2 read with the Third Schedule: it came into force on 1st August 1941.
4Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
2The expression “(other than a Presidency Small Cause Court)” was repealed by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951); assented to by the Governor-General on 10 May 1951; and, was published in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340-388, s. 3 read with the Second Schedule. It was inserted by the Berar Laws Act, 1941 (IV of 1941); assented to by the Governor General on 17 March 1941; and, was published in the Gazette of India (Extraordinary), dated: 23 March 1941, pp. 12-17, s. 2 read with the Third Schedule: it came into force on 1st August 1941. 3The word “Provincial” was omitted by the Berar Laws Act, 1941 (IV of 1941); assented to by the Governor General on 17 March 1941; and, was published in the Gazette of India (Extraordinary), dated: 23 March 1941, pp. 12-17, s. 2 read with the Third Schedule: it came into force on 1st August 1941.
5Substituted for the expression “any of the following Courts, namely, the [High Court of East Bengal, the High Court at Lahore] and the Chief Court of Sind” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. The words in crotches were earlier substituted for the expression “High Courts of Judicature at Fort William, Madras, Bombay, Lahore” and omission of the words “and Nagpur” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. The word “Rangoon” was omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. The words “Lahore and Rangoon” were substituted for the words “Lahore, Rangoon and Nagpur” by the Central Provinces Courts (Supplementary) Act, 1935 (VIII of 1935); assented to by the Governor General on 28 September 1935; and, was published in the Gazette of India (Extraordinary), dated: 5 October 1935, p.
19, s. 2 read with the Schedule. The words “the following Courts,” were inserted and the words “Bombay, Lahore and Rangoon and the Chief Court of Sind” were substituted 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 the Repealing and Amending Act, 1927 (X of 1927); assented to by the Governor General on 4 April 1927; and, was published in the Gazette of India (Extraordinary), dated: 16 April 1927, pp. 19-25,
s. 2 read with the First Schedule. The words “or the Chief Court of Sind” were inserted after the word “Bombay” by the Sind Courts (Supplementary) Act, 1926 (XXXIV of 1926); assented to by the Governor General on 9 September 1924; and, was published in the Punjab Gazette (Extraordinary), dated: 1 October 1926, pp. 192-193, s. 2 read with the Schedule: it came into force on the commencement of the Sind Courts Act, 1926 (Bombay VII of 1926).
6Inserted by the Limitation (Punjab Amendment) Act 2018 (VIII of 2018), published in the Punjab Gazette (Extraordinary), dated: 20 March 2018, p. 6615, s. 2. It was earlier omitted by the Limitation (Amendment) Act, 1965 (XI of 1965); assented to by the President on 31 July 1965; and, was published in the Gazette of Pakistan (Extraordinary), dated: 3 August 1965, p. 693,
s. 2. It was earlier inserted by the Limitation (Amendment) Ordinance, 1962 (XLIII of 1962), published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 919-920, s. 5.
164.– By a defendant, for an order to set aside a decree passed ex parte. 1[Thirty days]. The date of the decree or where the summons was not duly served, when the applicant has knowledge of the decree. 165.– Under the Code of Civil Procedure, 1908 2, 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. 3[Thirty days].
The date of the dispossession. 166.– Under the same Code to set aside a sale in execution of a decree 4[including any such application by a Judgment debtor]. 5[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. 6[Thirty days]. The date of the resistance or obstruction. 168.– For the readmission of an appeal dismissed for want of prosecution. 7[Thirty days].
The date of the dismissal.
1Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
2V of 1908.
3Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
4Added by the Indian Limitation (Amendment) Act, 1927 (I of 1927); assented to by the Governor General on 18 February 1927; and, was published in the Gazette of India (Extraordinary), dated: 26 February 1927, pp. 1-2, s. 4: it came into force on 1 January 1928.
5Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
6Substituted for the words “ Thirty days” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
7Substituted for the word “Ditto” by the Act ibid.
169.– For the re-hearing of an appeal heard ex parte. 1[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. 170.– For leave to appeal as a pauper. 2[Thirty days].
The date of the decree appealed from. 171.– Under the Code of Civil Procedure, 1908 3, 4[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. 5[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. 6[Sixty days]. The date of the order of dismissal. 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. 7[Ninety days].
When the payment or adjustment is made. 175.– For payment of the amount of a decree by instalments. Six months. The date of the decree.
1Ibid.
2Ibid. 3V of 1908.
4Substituted for the words “for an order to set aside an abatement” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2 read with the Schedule.
5Ibid., for the words “the date of the abatement”.
6Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
7Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
176.– Under the same Code to have the legal representative of a deceased plaintiff or of a deceased appellant made a party. 1[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. 2[Ninety days].
The date of the death of the deceased defendant or respondent. 3[178.– Under the Arbitration Act, 1940 4, for the filing in Court of an award. Ninety days.
The date of service of the notice of making of the award.] 179.– By a person desiring to appeal under the 5[Code of Civil Procedure, 1908 6] to 7[the Supreme Court] for leave to appeal. 8[Ninety days]. The date of the decree appealed from. 180.– By a purchaser of immoveable property at a sale in execution of a decree for delivery of possession. Three years.
When the sale becomes absolute.
1Substituted for the words “ninety days” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule. It was earlier substituted for the word “Ditto” by the Indian Limitation and Code of Civil Procedure
(Amendment) Act, 1920 (XXVI of 1920); assented to by the Governor General on 2 September 1920; and, was published in the Gazette of India (Extraordinary), dated: 4 September 1920, p. 75, s. 2.
2Substituted for the words “Six months” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
3Substituted by the Arbitration Act, 1940 (X of 1940); assented to by the Governor General on 11 March 1940; and, was published in the Gazette of India (Extraordinary), dated: 16 March 1940, pp. 41-52, s. 49 read with the Fourth Schedule: it came into force on 1 July 1940.
4X of 1940.
5Substituted for the words “same Code” by the Arbitration Act, 1940 (X of 1940); assented to by the Governor General on 11 March 1940; and, was published in the Gazette of India (Extraordinary), dated: 16 March 1940, pp. 41-52, s. 49 read with the Fourth Schedule: it came into force on 1 July 1940.
6V of 1908.
7Substituted for the words “His Majesty in Council” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp.102-163, Article 2 read with the Schedule: it came into force on 23 March 1956.
8Substituted for the words “ninety days” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule. It was earlier substituted for the word “Ditto” by the Indian Limitation and Code of Civil Procedure
(Amendment) Act, 1920 (XXVI of 1920); assented to by the Governor General on 2 September 1920; and, was published in the Gazette of India (Extraordinary), dated: 4 September 1920, p. 75, s. 2.
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
1. 2[Three years]. When the right to apply accrues. 3[182.– * * * *
* * * ] 183.– To enforce a judgment, decree or order of any 4[High 5[Six years].
When a present right to enforce
1V of 1908.
2Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule.
3Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2 read with the Schedule. It was earlier amended by the Limitation (Amendment) Ordinance, 1962 (XLIII of 1962), assented to by the President on 5 June 1962; and was published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 919-920, s. 5.
4Substituted for the words “Court established by Royal Charter” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955.
5Substituted for the words “Twelve years” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2 read with the Schedule.
Court] in the exercise of its ordinary original civil jurisdiction, or an order of 1[the Supreme Court].
the judgment, decree or order accrues to some person capable of releasing the right:
Provided that when the judgment, 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. 2[THE SECOND SCHEDULE.– Territories referred to in section 31.]
3[THE THIRD SCHEDULE.– Enactments Repealed.]
1Substituted for the words “His Majesty in Council” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp.102-163, Article 2 read with the Schedule: it came into force on 23 March 1956.
2Repealed by the Repealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published in the Punjab Gazette, dated: 11 April 1930, pp. 143-144, s. 3 read with the Second Schedule. 3Repealed by the Second Repealing and Amending Act, 1914 (XVII of 1914); assented to by the Governor General on 16 September 1914; and, was published in the Gazette of India (Extraordinary), dated: 19 September 1914, pp. 68-72, s. 3 read with the Second Schedule.
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CONTENTS PART I Preliminary 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. 5A. [Repealed] 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 defendant’s 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. 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. [Omitted] PART V Savings and Repeals 29. Savings. 30. [Repealed] 31. [Repealed] 32. [Repealed] THE FIRST SCHEDULE THE SECOND SCHEDULE [Repealed] THE THIRD SCHEDULE [Repealed]
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THE LIMITATION ACT, 1908 (IX of 1908) CONTENTS PART I Preliminary 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. 5A. [Repealed] 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 defendant’s 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. 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. [Omitted] PART V Savings and Repeals 29. Savings. 30. [Repealed] 31. [Repealed] 32. [Repealed] THE FIRST SCHEDULE THE SECOND SCHEDULE [Repealed] THE THIRD SCHEDULE [Repealed] TEXT 1 THE LIMITATION ACT, 1908 (IX of 1908) [7 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 cert ain applications to Courts; and whereas it is also expedient to provide rules for acquiring by possession the ownership of easements and othe r property; It is hereby enacted as follows:– PART I Preliminary 1. Short title, extent and commencement .– (1) This Act may be called the 2 [*] Limitation Act, 1908. 3 [(2) It extends to the whole of Pakistan.] (3) This section and section 31 shall come into force at once. Th e 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: (4) “defendant” includes any person from or through whom a defendant derives his liability to be sued: 1 The Act was published in the Gazette of India (Ex traordinary), dated: 8 August 1908, pp. 175 -192. For Statement of Objects and Reasons, see Gazette of India, 1908, Part V, p. 22; for Report of the Select Committee, see ibid., 1908, Part V, p. 223; and, for Proceedings in Council, see ibid., 1908, Part VI, pp. 2, 13, 37 and 145. 2 The word “Indian” was omitted by the Adaptation of Central Acts and Ordinances Order, 1949 ( G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 3 Substituted by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. 4 Substituted by the Limitation (Amendment) Ordinance, 1980 (LXII of 1980), published in the Gazette of Pakistan (Extraordinary), dated: 24 December 1980, p. 556, s. 2. (5) “easement” includes a rig ht 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 rema ining 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 provisio ns contained in se ctions 4 to 25 (inclusive), every suit instituted, appeal preferred, and application made, after the period of limitation prescribed therefor by the first schedule shall be dismissed, although limitation has not been set up as a defence. Explanation.– A suit is instituted, in ordinary cases, when the plaint is presented to the proper officer; in the case of a pauper, when his application for leave to sue as a pauper is made; and, in the case of a claim against a company which is being 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. 5. Extension of period in certain cases .– Any appeal or application for 4 [a revision or] a review of judgment or for leave to appeal or any other app lication to 1 Substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with Article 4. 2 The expression “, but includes an Acceding S tate” was omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gaze tte of Pakistan (Extraordinary) dated: 8 July 1981, pp. 345 -475, s. 3 read with the Second Schedule. 3 Substituted by the Limitation (Amen dment) Ordinance, 1980 (LXII of 1980), published in the Gazette of Pakistan (Extraordinary), dated: 24 December 1980, p. 556, s. 2. 4 Inserted by the Limitation (Amendment) Ordinance, 1962 (XLIII of 1962), published in the Gazette of Pakistan (Extraordinary ), dated: 7 June 1962, pp. 919-920, s. 2. which this section may be made applicable 1 [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 ca use for not preferring the appeal or making the application within such period. Explanation.– The fact that the ap pellant 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. 2 [5A.– * * * * * * * * * ] 6. Legal disabili ty.– (1) Where a person entitled to institute a suit 3 [or proceeding] or make an application for the execution of a decree is, at the time fro m 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 ti me prescribed therefor in the third column of the first schedule 5 [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 di sabilities, or whe re, 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 ins titute 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 in sane. Time runs against Z from the date when his insanity and minority cease. (c) A right to sue accrues to X duri ng his minority. X dies before attaining 1 Substituted for the words “by any enactment or rule” by the Indian Limitatio n (Amendment) Act, 1922 (X of 1922); assented to by the Governor General on 5 March 1922; and, was published in the Gazette of India (Ext raordinary), dated: 11 March 1922, p. 99, s. 2. 2 It was temporarily inserted for a period of three months by the Negoti able Instruments Act (Temporary Amendment) Ordinance, 1948 (IV of 1948), published in the Gazette of Pakistan (Extraordinary), dated: 13 February 1948, p. 51, s. 3 read with s. 1: thereafter, it was further extended for the same period by the Notification No. D. 2702 -F/48, dated 11 th May, 1948, issued by the Ministry of Finance, published in the Gazette of Pakistan, 1948, Part I, p. 258. 3 Inserted by the Limitation (Amendment) Ordinance, 1962 (XLIII of 1962), published in the Gazette of Pakistan (Extraordi nary), dated: 7 June 1962, pp. 919-920, s. 3. 4 Ibid. 5 Added ibid. majority, and is succeeded by Y, his minor son. Time runs against Y from the date of his attaining majority. 7. Disability of one of several plaintiffs or applicants .– Where one of several persons jointly entitled t o 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 partner s. B is insane, and C is a minor. D can give a discharge of the debt without the concurrence of 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. 8. Special exceptions.– Nothing in section 6 or in section 7 app lies 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. 9. Continuous running of time .– Where once time has begu n to run, no subsequent disability or inability to sue stops it: Provided that, where letters of administration t o 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. 1 Inserted by the Limitation (Amendment) Ordinance, 1962 (XLIII of 1962 ), published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 919-920, s. 4. 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, 2 [Muslim] 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 deeme d to be the trustee thereof.] 11. Suits on foreign contracts .– (1) Suits instituted in 3 [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 def ence to a suit instituted in 4 [Pakistan] on a contract entered into in a foreign country, unless the rule has exti nguished 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 f or any suit, appeal or application, the day from which such period is to be reckoned shall be excluded. (2) In computing the period of limitat ion 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, th e 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 b e excluded. 1 Inserted by the Indian Limitation (Amendment) Act, 1929 (I of 1929); assented to by the Governor General on 20 February 1929; and, was published in the Government Gazette, Punjab and its Dependencies (Extraordinary), dated: 22 March 1929, pp. 7-8, s. 2. 2 Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations. 3 Substituted for the words “th e Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the Pre sident on 7 June 1 960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. It was earlier substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with Article 4. 4 Ibid. 1 [(5) For the purposes of sub -sections (2), (3) and (4), the time requisite for obtaining a copy of the decree, sentence, order, j udgment or award shall be deemed to be the time intervening between the day on which an application for the copy i s made and the day actually intimated to the applicant to be the day on which the copy will be ready for delivery.] 13. Exclusion of time of defendant’s absenc e from 2 [Pakistan] and certain other territories.– In computing the period of limitation prescri bed for any suit the time during which the defendant has been absent from 3 [Pakistan] and from the territories beyond 4 [Pakistan] under the ad ministration of 5 [the 6 [Federal Government] 7 [* * * * ] ]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 Cou rt 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 d iligence 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 f ormer 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 applica nt resisting an appeal shall be deemed to be prosecuting a proceeding. 1 Added by the Limitation (Amendment) Act, 1991 (X III of 1991); asse nted to by the President on 4 July 1991; and, was published in the Gazette of Pakistan (Extraordinary), dated: 6 July 1991, p. 323, s. 2. 2 Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (St atute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gaz ette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1 955. They were ear lier substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order , 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Article 4. 3 Ibid. 4 Ibid. 5 Substituted for the words “the Government” by the Government of India (Adaptation of I ndian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 6 Substituted for the words “Central Government” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 o f 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435 -467, Article 2 read with the Table of General Adaptations. 7 The words “or the Crown Representative” were omitted by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. Explanation III.– For the purposes of this section, misjoinder of parti es or of causes of action shall be deemed to be a cause of a like nature with defect of jurisdiction. 15. Exclusion of time during which proceedings are suspended .– (1) In computing the period of limitation prescribed for any suit or application for the execution of a decre e, 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 t he requirements of any enactment for the time being in force, the period of such notice shall be excluded. 16. Exclusion of time during which proceedings to set aside execution-sale are pending .– In computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded. 17. Effect of death before right to sue accrues .– (1) Where a person who would, if he were liv ing, have a right to institute a suit or make an application, dies before the right accrues, the period of limitation shall be computed from t he 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 t he 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 s uits to enforce ri ghts 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, 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 fa ith and for a valuable consideration, shall be computed from the time when the fraud first became known to the person injuriously affected thereby, or, in the case of the concealed document, when he first had the means of producing it or compelling its production. 19. Effect of acknowledgment in writing .– (1) Where, before the expiration of the period prescribed for a suit or application in re spect of any prope rty or right an acknowledgment of liability in respect of such property or right has been made i n 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 li mitation shall be computed from the time when the acknowledgment was so signed. (2) Where the w riting containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but, subject to the provisions of the Indian Evidence Act, 1872 1 , oral evidence of its contents shall not be received. Explanation I .– For the purpo ses 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, de liver, 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. 20. 2 [Effect of payment on account of debt or of interest on legacy .– (1) Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liab le 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.] 3 [Provided that 4 [* * * * * * * * * * * * * * * * * * * *] an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment.] (2) Effect of receipt of produce of mortgaged land.– Where mortgaged land is in the possession of the mortgagee the receipt of the rent or produce of such land shall be deemed to be a payment for the purpose of 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 this 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 authorized by such guardian, committee or manager to sign the acknowledgment or make the payment. 1 I of 1872. Now the Qanoon-e-Shahdat Order, 1984. 2 Substituted by the Indian Limitation (Amendment) Act, 1942 (XVI of 1942); assented to by the Governor General on 30 March 1942; and, was published in the Gazette of India (Extraordinary), dated: 4 April 1942, p. 29, s. 2. 3 Substituted by the Indian Limitation (Amendment) Act, 1927 (I of 1927); assented to by the Governor General on 18 February 1927; and, was published in the Gazette of India (Extraordinary), dated: 26 February 1927, pp. 1-2, s. 2: it came into force on 1 January 1928. 4 The expression “, save in the case of a payment of interest made bef ore the 1st day of January, 1928,” was omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette of Pakistan (Extraordinary) dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule. (2) Acknowledgement or payment by one of severa l 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. 1 [(3) for the purposes of the said sections– (a) an acknowledgment signed, or a payment made, in respe ct 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, sha ll 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 author ised agent of, the manager of the family for the time being shall be deemed to have been made o n behalf of the whole family.] 22. Effect of substituting or adding new plaintiff or defendant .– (1) Where, after the institution of a suit a n ew plaintiff or de fendant is substituted or added, the suit shall, as regards him, be deemed to have been institu ted 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 assignm ent or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a def endant is made a plaintiff. 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 whi ch 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 co mpensation 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 surfac e, 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. 1 Inserted by the Indian Limitation (Amendment) Act, 1927 (I of 1927); assented to by the Governor General on 18 February 1927; and, was published in the Gazette of India (Extraordinary), dated: 26 February 1927, pp. 1-2, s. 3: it came into force on 1 January 1928. 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 mon ths after date computed according to the Gregorian calendar. (b) A Hindu makes a bond, bearing a Native date only, for the repayment of money w ithin one year. Th e period of limitation applicable to a suit on the bond runs from the expiration of one year af ter date computed according to the Gregorian calendar. PART IV Acquisition of Ownership by Possession 26. Acquisition of right to easements .– (1) Where the acces s 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 th ereto 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, waterco urse, use of water, or other easement shall be absolute and indefeasible. Each of the said periods of twenty yea rs shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates is contested. (2) Where the property over which a right is claimed under sub -section (1) belongs to 1 [the 2 [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 1 st January 1890 to 1 st January 1910. The plaintiff is entitled to judgment. (b) In a like suit the plaintiff shows that the right was peaceably and openly 1 Substituted for the word “Government” by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 2 Substituted for the wo rd “Crown” by the Central Laws (Adap tation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 o f the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp.102-163, Article 2 read with the Table: it came into force on 23 March 1956. enjoyed by him for twenty years. The def endant 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 a ny 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 fr om the granting th ereof, the time of the enjoyment of such easement during the continuance of such interest or te rm 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 t erm, 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 t hat during ten of these years C, a Hindu widow, had a life interest in the land, that on C’s dea th 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, a s A, with referenc e to the provisions of this section, has only proved enjoyment for fifteen years. 1 [28. Extinguishment of right to property.– * * * * ] PART V Savings and Repeals 29. Savings.– 2 [(1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 3 . (2) Where any special or local law prescribes for any suit, appeal or application a per iod of limitation different from the period prescribed therefor by the first schedule, the provisions of section 3 shall apply, as if such per iod 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 onl y 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.] 4 [(3)] Nothing in this Act shall apply to suits under the Indian Divorce Act 5 . 1 Omitted by th e Limitation (Amen dment) Act, 1995 (II of 1995); assented to by the President on 12 October 1995; and, was published in the Gazette of Pakistan (Extraordinary), dated: 18 October 1995, pp. 939-940, s. 2. 2 Substituted by the Indian Limitation (Amendment) Ac t, 1922 (X of 1922 ); assented to by the Governor General on 5 March 1922; and, was published in the Gazette of India (Extraordinary), dated: 11 March 1922, p. 99, s. 3. 3 IX of 1872. Now the Contract Act, 1872 because the word “Indian” deemed to be omitted by omission of the said word in the “short title” of the Indian Contract Act by the Adaptation of Central Acts and Ordi nances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 4 Renumbered by the Indian Limitation (Amendment) Act, 1922 (X of 1922); assented to by the Governor General on 5 March 1922; and, was published in the Gazette of India (Extraordinary), dated: 11 March 1922, p. 99, s. 2. 5 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 Indian Easements Act, 1882 2 , may for the time being extend. 3 [30. Provision for suits for which the period pres cribed is shorter than that prescribed by the Indian Limitation Act, 1877.– * * * ] 4 [31. Provision for suits by ce rtain mortgagees in territories mentioned in the second schedule.–* * * * * * * ] 5 [32. Repeals.– * * * * * * * * ] 1 Ibid. 2 V of 1882. 3 Repealed by the Repealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published in the Punjab Gazette, dated: 11 April 1930, pp. 143-144, s. 3 read with the Second Schedule. 4 Ibid. 5 Repealed by the Second Repealing and Amending Act, 1914 (XVII of 1914); assented to by the Governor General on 16 September 1914; and, was published in the Gazette of India (Extraordinary), dated: 19 September 1914, pp. 68 -72, s. 3 read with the Second Schedule. THE FIRST SCHEDULE (See section 3.) First Division: Suits. Description of suit. Period of limitation. Time from which period begins to run. Part I.– Thirty days. 1.– To contest an award of the Board of Revenue under the Waste Lands (Claims) Act, 1863 1 . Thirty days. When notice of the award is delivered to the plaintiff. Part II.– Ninety days. 2.– For compensation fo r doing or for omitting to do an act alleged to be in pursuance of any enactment in force for the time being in 2 [Pakistan]. Ninety days. When the act or omission takes place. Part III.– Six months. 3.– Under the Specific Relief Act, 1877 3 , section 9, t o recover possession of immoveable property. Six months. When the dispossession occurs. 4 [4.– * * * * * * * * ] 5 [Part IV.– One year.] 1 XXIII of 1863. 2 Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazet te of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 3 I of 1877. 4 Repealed by the Repealing and Amending Act, 1937 (XX of 1937); assented to by the Governor General on 14 Apr il 1937; and, was published in the Gazette of India (Extraordinary), dated: 17 April 1937, pp. 40-44, s. 3 read with the Second Schedule. 5 Inserted by the Indian Limitation (Amendment) Act, 1925 (XXX of 1925); assented to by the Governor General on 23 September 1925; and, was published in the Gazette of India (Extraordinary), dated: 3 October 1925, p. 59, s. 2. 5.– Under the summary procedure referred to in section 128 (2) (f) of the Code of Civil Procedure, 1908 1 2 [where the provision of such summary procedure does not exclude the ordinary procedure in such suits 3 [* * * * * * * *]. 4 [One year]. When the deb t or liquidated demand becomes payable or when the property becomes recoverable. 5 [* * * *] 6.– Upon a Statute, Act, Regulation or Bye-law, for a penalty or forfeiture. One year. When the penalty or forfeiture is incurred. 7.– For the wages of a h ousehold servant, artisan or labourer 6 [* * * * * * * * *]. 7 [One year]. When the wages accrue due. 8.– For the price of food or drink sold by the keeper of a hotel, tavern or lodging - house. 8 [One year]. When the food or drink is delivered. 9.– For the price of lodging. 9 [One year]. When the price becomes payable. 1 V of 1908. 2 Added by the Indian Limitation (Amendment) Act, 1925 (XXX of 1925); assented to by the Governor General on 23 September 1925; and, was published in the Gazette of India (Extraordinary), dated: 3 October 1925, p. 59, s. 2. 3 Omitted the expression “and under Order XXXVII of the said Code” by the Civil Procedure and Limitation (Amendment) Ordinance, 1961 (IX of 1961), published in the Gazette of Pakistan (Extraordinary), dated: 6 March 1961, pp. 700-701, s. 3. 4 Substituted for the words “ Six months” by the Indian Limitation (Amendment) Act, 1925 (XXX of 1925); assented to by the Governor General on 23 September 1925; and, was published in the Gazette of India (Extraordinary), dated: 3 October 1925, p. 59, s. 2. It was earlier substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was p ublished in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 - 56, s. 2 read with the First Schedule. 5 Omitted the heading “Part IV. – One year” by the Indian Limitation (Amendment) Act, 1925 (XXX of 1925); assented to by the Governor General on 23 September 1925; and, was published in the Gazette of India (Extraordinary), dated: 3 October 1925, p. 59, s. 2. 6 Omitted the expression “not provided for by this Schedule, Article 4” by the Repealing and Amending Act, 1939 (XXXIV of 1939); assented to by the Governor General on 28 September 1939; and, was published in the Gazette of India (Extraordinary), dated: 30 September 1939, pp. 204-207, s. 2 read with the First Schedule. 7 Substituted for the word “Ditto” by the Repealing and Amending Act, 192 3 (XI of 1923); as sented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extrao rdinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 8 Ibid. 9 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gaz ette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 10.– To enforce a right of pre -emption, whether the r ight is founded on law, or general usage, or on special contract. 1 [One year]. 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: (1) Order under the Code of Civil Procedure, 1908 2 , on a claim preferred to, or an objection made to the attachment of, property attached in execution of a decree; 3 [(2) * * * *] 4 [One year]. The date of the order. 11A.– By a person against whom an order has been made under the Code of Civil Procedure, 1908 5 , 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 t hereof, 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 6 [One year]. The date of the order. 1 Ibid., for the words “one year”. 2 V of 1908. 3 Repealed by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951); assented to by the Governor -General on 10 May 1951; and, was published in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340 -388, s. 3 read with the Second Schedule. 4 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented t o by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 5 V of 1908. 6 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule. he claims to the present possession of the property comprised in the order. 12.– To set aside any of the following sales:– (a) sale in execution of a decree of a Civil Court; (b) sale in pursuance of a decree or order of a Collector or other officer of revenue; (c) sale for arrears of Government revenue, or for any demand recoverable as such arrears; (d) sale of a patni taluq sold for current arrears of rent. Explanation.– In thi s article “patni” includes any intermediate tenure saleable for current arrears of rent. 1 [One year]. When the sale is confirmed, or would otherwise have become final and conclusive had no such suit been brought. 13.– To alter or set aside a decision o r order of a Civil Court in any proceeding other than a suit. 2 [One year]. 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 herei n otherwise expressly provided for. 3 [One year]. The date of the act or order. 15.– Against Govern ment to set aside any attachment, lease or transfer of immoveable property by the revenue - authorities for arrears of Government revenue. 4 [One year]. When the attachment, lease or transfer is made. 16.– Against Government to recover money paid under pro test 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. 5 [One year]. When the payment is made. 1 Substituted for the words “One year” by the Act ibid. 2 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; a nd, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 3 Ibid. 4 Ibid. 5 Ibid. 17.– Against Government for compensation for land acquired for public purposes. 1 [One year]. The date of determining the amount of the compensation. 18.– Like suit for compensation when the acquisition is not completed. 2 [One year]. The date of the refusal to complete. 19.– For compensation for false imprisonment. 3 [One year]. When the imprisonment ends. 20.– By executors, administrators or representatives under the Legal Representatives’ Suits Act, 1855 4 . 5 [One year]. The date of the death of the person wronged. 21.– By executors, administrators or representatives under the Indian Fatal Accidents Act, 1855 6 . 7 [One year]. The date of the death of the person killed. 22.– For compensation for any other injury to the person. 8 [One year]. When the injury is committed. 23.– For compensation for a malicious prosecution. 9 [One year]. When the plaintiff is acquitted, or the prosecution is otherwise terminated. 24.– For compensation for libel. 10 [One year]. When the libel is published. 25.– For compensation for slander. 11 [One year]. When the words are spoken, or, if the words are not 1 Ibid. 2 Ibid., for the words “One year”. 3 Substituted for the word “Ditto” by the Repealing and Amending Ac t, 1923 (XI of 192 3); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India ( Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 4 XII of 1855. 5 Substituted for the word “Ditto” by t he Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was publish ed in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 6 XIII of 1855. 7 Substituted for the word “ Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 8 Ibid. 9 Ibid. 10 Ibid. 11 Ibid. 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. 1 [One year]. When the loss occurs. 27.– For compen sation for inducing a person to break a contract with the plaintiff. 2 [One year]. The date of the breach. 28.– For compensation for an illegal, irregular or excessive distress. 3 [One year]. The date of the distress. 29.– For compensation for wrongful seizure of moveable property under legal process. 4 [One year]. The date of the seizure. 30.– Against a carrier for compensation for losing or injuring goods. 5 [One year]. When the loss or injury occurs. 31.– Against a carrier for compensation for non-delivery of, or delay in delivering, goods. 6 [One year]. When the goods ought to be delivered. Part V.– Two Years 32.– Against one who, having a right to use property for specific purposes, perverts it to other purposes. Two years. When the perversion first becomes known to the person injured thereby. 33.– Under the Legal Representatives’ Suits Act, 1855 7 , against an executor. 8 [Two years]. When the wrong complained of is done. 1 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923 ); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 r ead with the First Schedule. 2 Ibid. 3 Ibid. 4 Ibid. 5 Ibid. 6 Ibid., for the words “One year”. 7 XII of 1855. 8 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 34.– Under the same Act against an administrator. 1 [Two years]. Ditto. 35.– Under the same Act against any other representative. 2 [Two years]. Ditto. 36.– For compensation for any malfeasance, misfeasance or no n- feasance indepen dent of contract and not herein specially provided for. 3 [Two years]. When the malfeasance, misfeasance or non - feasance takes place. Part VI.– Three Years. 37.– For compensation for obstructing a way or a watercourse. Three Years. The d ate of the obstruction. 38.– For compensation for diverting a watercourse. 4 [Three years]. The date of the diversion. 39.– For compensation for trespass upon immoveable property. 5 [Three years]. The date of the trespass. 40.– For compensation for infri nging copyright or any other exclusive privilege. 6 [Three years]. The date of the infringement. 41.– To restrain waste. 7 [Three years]. When the waste begins. 42.– For compensation for injury caused by an injunction wrongfully obtained. 8 [Three years]. When the injunctio n ceases. 1 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 2 Ibid. 3 Ibid. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. 8 Ibid. 43.– Under the 1 [Succession Act, 1925 2 , 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. 3 [Three years]. The date of the payment or distribution. 44.– By a ward who has attained majority, to set aside a transfer of property by his guardian. 4 [Three years]. When the ward attains majority. 5 [45.–* * * * * * *] 6 [46.–* * * * * * *] 47.– By any person bound by an ord er respecting the possession of immoveable property made under the Code of Criminal Procedure, 1898 7 , 8 [* * * * * * * *] or by any one claiming under such person, to recover the property comprised in such order. 9 [Three years]. The date of the final order in the case. 48.– For specific moveable property lost, or acquired by theft, or dishonest misappropriation or 10 [Three years]. When the person having the right to be possession of conversion, or for compensation for wrongfully taking or detaining the same. the property first learns in whose possession it is. 1 Substituted for the words “Indian Succession Act, 186 5, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140” by the Re pealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published in the Punjab Gaz ette, dated: 11 Ap ril 1930, pp. 143 -144, s. 2 read with the First Schedule. 2 XXX of 1925. 3 Substituted for the word “D itto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in th e Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 4 Ibid., for the words “Three years”. 5 Omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (XXVII of 1981), published in the Gazette o f Pakistan (Extraordinary) dated: 8 July 1981, pp. 345-475, s. 3 read with the Second Schedule. 6 Ibid. 7 V of 1898. 8 Omitted the expression “or the Mamlatdars’ Courts Act, 1906,” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. 9 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; an d, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 10 Ibid. 1 [48-A.– To recover moveable property conveyed or bequeathe d in trust, deposited or pawned, and afterwards bought from the trustee, depositary or pawnee for a valuable consideration. Three years. When the sale becomes known to the plaintiff. 48-B.– To set aside sale of moveable property comprised in a Hindu, 2 [Muslim] or Buddhist religious or charitable endowment made by a manager thereof for a valuable consideration. Three years. When the sale becomes known to the plaintiff.] 49.– For other specific moveable property, or for compensation for wrongfully taking or injuring or wrongfully detaining the same. 3 [Three years]. When the property is wrongfully taken or injured, or when the detainer’s p ossession becomes unlawful. 50.– For the hire of animals, vehicles, boats or house-hold furniture. 4 [Three years]. When the hire becomes payable. 51.– For the balance of money advanced in payment of goods to be delivered. 5 [Three years]. When the goods ought to be delivered. 52.– For the price of goods sold and delivered, where no fixed period of credit is agreed upon. 6 [Three years]. The date of the delivery of the goods. 53.– For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit. 7 [Three years]. When the period of credit expires. 1 Inserted by the Indian Limitation (Amendment) Act, 1929 (I of 1929); assented to by the Governor General on 20 February 1929; and, was published in the Government Gazette, Punjab and its Dependencies (Extraordinary), dated: 22 March1929, pp. 7-8, s. 3. 2 Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations. 3 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Govern or General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 4 Substituted for the words “Three years” by the Act ibid. 5 Substituted for the word “Ditto” by the Act ibid. 6 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Gov ernor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read wit h the First Schedule. 7 Ibid. 54.– For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given. 1 [Three years]. When the period of the proposed bill elapses. 55.– For the price of trees or growing crops sold by the plaintiff to the defendant where no fixed period of cred it is agreed upon. 2 [Three years]. The date of the sale. 56.– For the price of work done by the plaintiff for the defendant at his requ est, where no time has been fixed for payment. 3 [Three years]. When the work is done. 57.– For money payable for money lent. 4 [Three years]. When the loan is made. 58.– Like suit when the lender has given a cheque for the money. 5 [Three years]. When t he cheque is paid. 59.– For money lent under an agreement that it shall be payable on demand. 6 [Three years]. When t he loan is made. 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. 7 [Three years]. When the demand is made. 61.– For money payable to the plaintiff for money paid for the defendant. 8 [Three years]. When the money is paid. 62.– For money payable by the defendant to the plaintiff for mone y received by the defendant for the plaintiff’s use. 9 [Three years]. When the money is received. 1 Ibid. 2 Ibid. 3 Ibid. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. 8 Substituted for the word “Di tto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 9 Ibid., for the words “Three years”. 63.– For money payab le for interest upon money due from the defendant to the plaintiff. 1 [Three years]. When the interest becomes due. 64.– For money payab le to the plaintif f for money found to be due from the defendant to the plaintiff on accounts stated between them. 2 [Three years]. 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. 3 [64A.– Under Order XXXVII of the Code of Civil Procedure. Three years. When the debt becomes payable.] 65.– For compen sation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency. 4 [Three years]. When the time specified arrives or the contingency happens. 66.– On a single bond, where a day is specified for payment. 5 [Three years]. The day so specified. 67.– On a single bond, where no such day is specified. 6 [Three years]. The date of executing the bond. 68.– On a bond subject to a condition. 7 [Three years]. When the condition is broken. 69.– On a bill of exchange or promissory note payable at a fixed time after date. 8 [Three years]. When the bill or note falls due. 1 Ibid., for the word “Ditto”. 2 Ibid. 3 Inserted by the Civil Procedure and Limitation (Amendment) Ordinance, 1961 (IX of 1961), publish ed in the Gazette of Pakistan (Extraordinary), dated: 6 March 1961, pp. 700-701, s. 3. 4 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was p ublished in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 5 Ibid. 6 Ibid. 7 Ibid. 8 Ibid. 70.– On a b ill of exchange payable at sight or after sight, but not at a fixed time. 1 [Three years]. When the bill is presented. 71.– On a bill of exchange accepted payable at a particular place. 2 [Three years]. When the bill is presented at that place. 72.– On a bill of exchange or promissory note payable at a fixed time after sight or after demand. 3 [Three years]. When the fixed time expires. 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. 4 [Three years]. The date of the bill or note. 74.– On a promissory note or bond payable by instalments. 5 [Three years]. The expir ation 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 ma de in payment of one or more instalments, the whole shall be due. 6 [Three years]. When the default is made, unless wher e the payee or obligee waives the benefit of the provision, and then when fresh default is made in respect of which there is no such waiver. 76.– On a pr omissory note given by the maker to a third person to be delivered to the payee after a certain event should happen. 7 [Three years]. The date of the delivery to the payee. 1 Ibid. 2 Ibid. 3 Ibid. 4 Ibid., for the words “Three years”. 5 Substituted for the word “Ditto” by the Repealing a nd Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gaze tte of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 6 Ibid. 7 Ibid. 77.– On a dishonoured foreign bill, where protest has been made and notice given. 1 [Three years]. When the notice is given. 78.– By the payee against the drawer of a bill of excha nge, which has been dishonoured by non-acceptance. 2 [Three years]. The date of the refusal to accept. 79.– By the acceptor of an accommodation-bill against the drawer. 3 [Three years]. When the acceptor pays the amount of the bill. 80.– Suit on a bill o f exchange, promissory note or bond not herein expressly provided for. 4 [Three years]. When the bill, note or bond becomes payable. 81.– By a surety agai nst the principal debtor. 5 [Three years]. When the surety pays the creditor. 82.– By a surety against a co-surety. 6 [Three years]. When the surety pays anything in excess of his own share. 83.– Upon any other contract to indemnify. 7 [Three years]. When the plaintiff is actually damnified. 84.– By an attorney or vakil for his costs of a suit or a part icular business, there being no express agreement as to the time when such costs are to be paid. 8 [Three years]. The date of the termination of the suit or business, or (where the attorney or vakil properly discontinues the suit or business) the date of s uch discontinuance. 1 Ibid. 2 Ibid. 3 Ibid. 4 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 5 Ibid. 6 Substituted for the words “Three years” by the Act ibid. 7 Ibid., for the word “Ditto”. 8 Ibid. 85.– For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties. 1 [Three years]. 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. 86.– 2 [(a) On a policy of insurance when the sum insured is 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 pro of of the loss has been given to or received by the insurers.] 3 [Three years]. 4 [(a) The date of the death of the deceased. (b) The date of the occurrence causing the loss.] 87.– By the assured to recover premia paid under a policy voidable at the election of the insurers. 5 [Three years]. When the insurers elect to avoid the policy. 88.– Against a factor for an account. 6 [Three years]. When the account i s, during the continuance of the agency, demanded and refused or, where no such demand is made, when the agency terminates. 89.– By a principal against his agent for moveable property received by the latter and not accounted for. 7 [Three years]. Ditto. 1 Ibid. 2 Substituted by the Insurance (Amendment) Act, 1941 (XIII of 1941); assented to by the Governor General on 8 April 1941; and, was published in the Government Gazette, Punjab (Extraordinary), dated: 18 April 1941, pp. 107-130, s. 68. 3 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published i n the Gazette of I ndia (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 4 Substituted by the Insurance (Amendment) Act, 1941 (XIII of 1941); assented to by the Governor General on 8 April 1941; and, was published in the Government Gazette, Punjab (Extraordinary), dated: 18 April 1941, pp. 107 -130, s. 68. It was earlier substituted by the Insurance Act, 1938 (IV of 1938); assented to by the Governor General on 26 February 1938; and, was published in the Gazette of India (Extraordinary), dated: 5 March 1938, pp. 27-102, s. 122 read with the First Schedule. 5 Substituted for the word “Ditto” b y the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazet te of India (Extra ordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 6 Ibid. 7 Ibid. 90.– Other suits by principals against agents for neglect or misconduct. 1 [Three years]. When the neglect or misconduct becomes known to the plaintiff. 91.– To cancel or set aside an instrument not otherwise provided for. 2 [Three years]. When the fact s entitling the plaintiff to have the instrument cancelled or set aside become known to him. 92.– To declare the forgery of an instrument issued or registered. 3 [Three years]. When the issue or registration becomes known to the plaintiff. 93.– To decla re the forgery of an instrument attempted to be enforced against the plaintiff. 4 [Three years]. The d ate of the attempt. 94.– For property which the plaintiff has conveyed while insane. 5 [Three years]. When the plaintiff is restored to s anity, and has kno wledge of the conveyance. 95.– To set aside a decree obtained by fraud, or for other relief on the g round of fraud. 6 [Three years]. When the fraud becomes known to the party wronged. 96.– For relief on the ground of mistake. 7 [Three years]. When the mist ake becomes known to the plaintiff. 97.– For money paid upon an existing consideration which afterwards fails. 8 [Three years]. The date of the failure. 1 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 2 Substituted for the words “Three years” by the Act ibid. 3 Ibid., for the word “Ditto”. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. 8 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 98.– To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust. 1 [Three years]. The date of the trustee’s death, or, if the loss has not then resulted, the d ate 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. 2 [Three years]. 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. 3 [Three years]. When the right to contribution accrues. 101.– For a seaman’s wages. 4 [Three years]. The end of the voyage during which the wages are earned. 102.– For wages not otherwi se expressly provided for by this schedule. 5 [Three years]. When the wages accrue due. 103.– By a 6 [Muslim] for exigi ble dower (mu’ajjal). 7 [Three years]. 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 Ibid. 2 Ibid. 3 Ibid., for the words “Three years”. 4 Ibid., for the word “Ditto”. 5 Ibid. 6 Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations. 7 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 104.– By a 1 [Muslim] for deferred dower (mu’wajjal). 2 [Three years]. When the marriage is dissolved by death or divorce. 105.– By a mortgagor after the mortgage has been satisfied, t o recover surplus collections received by the mortgagee. 3 [Three years]. When the mortgagor re-enters on the mortgaged property. 106.– For an account and a share of the profits of a dissolved partnership. 4 [Three years]. The date of the dissolution. 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. 5 [Three years]. The date of the payment. 108.– By a lessor for the value of trees cut down by his lessee contrary t o the terms of the lease. 6 [Three years]. When the trees are cut down. 109.– For the profits of immoveable property b elonging to the plaintiff which have been wrongfully received by the defendant. 7 [Three years]. When the profits are received. 110.– For arrears of rent. 8 [Three years]. When the arrears become due. 111.– By a vendor of immoveable property for personal p ayment of unpaid purchase-money. 9 [Three years]. The time fixed for completing the sale, or (where the title is accepted after the time f ixed for completion) the date of the acceptance. 1 Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations. 2 Substituted for the word “Dit to” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 3 Ibid. 4 Ibid. 5 Ibid. 6 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read wi th the First Schedule. 7 Substituted for the words “Three years” by the Act ibid. 8 Substituted for the word “Ditto” by the Act ibid. 9 Ibid. 112.– For a call by a company registered under any Statute or Act. 1 [Three years]. When the call is payable. 113.– For specific performance of a contract. 2 [Three 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. 3 [Three years]. 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. 4 [Three years]. When the contract is broken, or (where there are successive breaches) when the breach in respect of which t he suit is instituted occurs, or (where the breach is continuing) when it ceases. Part VII.– Six years. 116.– For co mpensation for the breach of a contract in writing registered. Six years. When the period of limitation would begin to run against a suit brought on a simi larly contract not registered. 117.– Upon a foreign judgment as defined in the Code of Civil Proced ure, 1908 5 . 6 [Six years]. The date of the judgment. 1 Ibid. 2 Ibid. 3 Ibid. 4 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, p p. 51-56, s. 2 rea d with the First Schedule. 5 V of 1908. 6 Substituted for the word “Ditto” by the Repealing and Ame nding Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordin ary), dated: 10 Ma rch 1923, pp. 51-56, s. 2 read with the First Schedule. 118.– To obtain a declaration that an alleged adoption is invalid, or never, in fact, took place. 1 [Six years]. When the alleged adoption becomes known to the plaintiff. 119.– To obtain a declaration that an adoption is valid. 2 [Six years]. When the rights of the adopted son, as such, are interfered with. 120.– Suit for which no perio d of limitation is provided elsewhere in this schedule. 3 [Six years]. When the right to sue accrues. Part VIII.– Twelve years. 121.– To avoid incumbrances or under - tenures in an entire estate sold for arrears of Government revenue, or in a patni taluq or other saleable te nure sold for arrears of rent. Twelve years. When the sale becomes final and conclusive. 122.– Upon a judgment obtained in 4 [Pakistan] or a recognisance. 5 [Twelve years]. The date of the judgment or recognisance. 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. 6 [Twelve years]. When the legacy or share becomes payable or deliverable. 124.– For possession of an hereditary office. 7 [Twelve years]. When the defendant takes possession of the office adversely to the plaintiff. Explanation.– An hereditary office is possessed when the 1 Ibid. 2 Ibid. 3 Substituted for the word “ Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in t he Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 4 Substituted for the words “the Provinces and the Capital of the Federation” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); ass ented to by the Pr esident on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. They were earlier substituted for the words “British India” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with Article 4. 5 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was pub lished in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 6 Ibid. 7 Substituted for the word “Twelve years” by the Act ibid. profits thereof are usually received, or (if there are no profits) when the duties thereof are usually performed. 125.– Suit during the life o f a Hindu or 1 [Muslim] female by a Hindu or 2 [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 her life or until her re-marriage. 3 [Twelve years]. The date of the alienation. 126.– By a Hindu governed by t he law of the Mitakshara to set aside his father’s alienation of ancestral property. 4 [Twelve years]. When the alienee takes possession of the property. 127.– By a person excluded from joint family property, to enforce a right to share therein. 5 [Twelve years]. When the exclusion becomes known to the plaintiff. 128.– By a Hindu for arrears of maintenance. 6 [Twelve years]. When the arre ars are payable. 129.– By a Hindu for a declaration of his right to maintenance. 7 [Twelve years]. When the right is denied. 130.– For the resumption or assessment of rent-free-land. 8 [Twelve years]. When the right to resume or assess the land first accrues. 1 Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations. 2 Ibid. 3 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. 8 Ibid. 131.– To e stablish a periodically recurring right. 1 [Twelve years]. When the plaintiff is first refused the enjoyment of the right. 132.– To enforce payment of money charged upon immoveable property. 2 [Explanation.– For the purposes of this article– (a) the allow ance 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 (c) advances secured by mortgage by deposit of title-deeds], shall be deemed to be money charged upon immoveable property.] 4 [Twelve years]. When the money sued for becomes due. 5 [133.– * * * * * * * ] 134.– To recover possession of immoveable property conveyed or bequeathed in trust or mortgaged a nd afterwards tran sferred by the trustee or mortgagee for a valuable consideration. 6 [Twelve years]. 7 [When the transfe r becomes known to the plaintiff]. 1 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was p ublished in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 2 Substituted by the Indian Limitation (Amendment) Act, 1927 (I of 1927); assented to by the Governor General on 18 February 1927; and, was published in the Gazette of India (Extraordinary), dated: 26 February 1927, pp. 1-2, s. 4: it came into force on 1 January 1928. 3 Inserted by the Transfer of Property (Amendment) Supplementary Act, 1929 (XXI of 1929); assented to by the Governor General on 25 October 1 929; and, was published in the Punj ab Gazette, dated: 25.10.1929, pp. 136-153, s. 9: it came into force on 1 April 1929. 4 Substituted for the words “twelve years” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Go vernor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 5 1-56, s. 2 read with the First Schedule. 5 Omitted by the Indian Limitation (Amendment) Act, 1929 (I of 1929); assented to by the Governor General on 20 Feb ruary 1929; and, was published in the Government Gazette, Punjab and its Dependencies (Extraordinary), dated: 22 March 1929, pp. 7-8, s. 3. 6 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented t o by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule. 7 Substituted for the words “the date of the transfer” by the Indian Limitation (Amendment) Act, 1929 (I of 1929); assented to by the Governor General on 20 February 1929; and, was published in the Govern ment Gazette, Punjab and its Dependencies (Extraordinary), dated: 22 March 1929, pp. 7-8, s. 3. 1 [134-A.– To set aside a transfer of immoveable property comprised in a Hindu, 2 [Muslim] or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration. Twelve years. When the tr ansfer becomes known to the plaintiff. 134-B.– By the manager of a Hindu, 3 [Muslim] or Buddhist religious or charitable endowment to rec over possession of immoveable property comprised in the endowment which has been transferred by a previous manager for valuable consideration. Twelve years. The death, resignation or removal of the transferor. 134-C.– By the manager of a Hindu, 4 [Muslim] or Buddhist religi ous or charitable endowment to recover possession of moveable property comprised in the endowment whi ch has been sold by a previous manager for a valuable consideration. Twelve years. The death, a resignation or removal of the seller.] 135.– Suit institu ted in a Court 5 [other than a High Court] by a mortgagee for possession of immoveable property mortgaged. 6 [Twelve years]. When the mortgagor’s right to possession determines. 136.– By a purchaser at a private sale for possession of im moveable property sold when the vendor was out of possession at the date of the sale. 7 [Twelve years]. When the ven dor 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 8 [Twelve years]. When the judgment - debtor is first entitled to possession. 1 Inserted by the Act ibid. 2 Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations. 3 Ibid. 4 Ibid. 5 Substituted for the wor ds “not established by Royal Charter” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. 6 Substituted for the word “Ditto” b y the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazet te of India (Extra ordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 7 Ibid. 8 Ibid. at the date of the sale. 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. 1 [Twelve years]. The date when the sale becomes absolute. 139.– By a landlord to recover possession from a tenant. 2 [Twelve years]. When the tenancy is determined. 140.– By a remainderman, a reversioner (other than a landlord) or a devisee, for possession of immoveable property. 3 [Twelve years]. When his estate falls into possession. 141.– Like suit by a Hindu or 4 [Muslim] entitled to the possession of immoveable property on the death of a Hindu or 5 [Muslim] female. 6 [Twelve years]. When the female dies. 142.– For possessi on of immoveable property when the plaintiff, while in possession of the property, has been dispossessed or has discontinued the possession. 7 [Twelve years]. The date of the dispossession or discontinuance. 143.– Like suit, when the pla intiff has become entitled by reason of any forfeiture or breach of condition. 8 [Twelve years]. When the forfeiture is incurred or the condition is broken. 9 [144.–* * * * * * * ] 1 Ibid., for the words “Twelve years”. 2 Ibid., for the word “Ditto”. 3 Ibid. 4 Substituted for the word “Muhammadan” by the Federal Adaptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 August 1975, pp. 435-467, Article 2 read with the Table of General Adaptations. 5 Ibid. 6 Substituted for the word “Ditto” by the Repealing and A mending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 7 Ibid. 8 Ibid. 9 Omitted by the Limitation (A mendment) Act, 199 5 (II of 1995); assented to by the President on 12 October 1995; and, was published in the Gazette of Pakistan (Extraordinary), dated: 18 October 1995, pp. 939-940, s. 3. Part IX.– Thirty years. 145.– Against a depositary or pawnee to recover moveable property deposited or pawned. Thirty years. The date of the deposit or pawn. 146.– Before a 1 [High Court] in the exercise of its ordinary original civil jurisdiction by a mortgagee to recover from the mortgagor the poss ession of immoveable property mortgaged. 2 [Thirty years]. When any part of the principal or interes t 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 r oad or any part th ereof from which it has been dis - possessed or of which it has discontinued the possession. 3 [Thirty years]. The date of the dispossession or discontinuance. Part X.– Sixty years. 147.– By a mortgagee for foreclosure or sale. Sixty years. When the money secured by the mortgage becomes due. 1 Substituted for the words “Court established by Royal Charter” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. 2 Substituted for the words “Thirty years” by the Repealing and Amending Act, 1923 (XI of 1923) ; assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule. 3 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule. 148.– Against a mortgagee to redeem or to recover posses sion of immoveable property mortgaged. 1 [Sixty years]. When the right to redeem or to recover possession accrues: Provided that all claims to redeem arising under instruments of mortgage 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.– Any suit by or on behalf of 2 [* * * * * * * * * * * * * * *] 3 [the 4 [Federal Government] or any Provincial Government] 5 [except a suit before the 6 [Supreme Court] in the exercise of its original jurisdiction]. 7 [Sixty years]. When the period of limitation would b egin to run under this Act against a like suit by a private person. 1 Ibid. 2 Omitted the expression “the Secretary of State for India in Council, [the Secretary of State, the Crown Representative,]” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O . No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the Schedule. The words in crotches “the Secretary of State, the Crown Representative,” and the rest of the words “the Central Go vernment or any Pr ovincial Government” were inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 3 Inserted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. 4 Substituted for the words “Central Government” by the Federal A daptation of Laws Order, 1975 (P.O. No. 4 of 1975), published in the Gazette of Pakistan (Extraordinary), dated: 1 Augu st 1975, pp. 435 -467, Article 2 read with the Table of General Adaptations. 5 Inserted by the Indian Limitation (Amendment) Act, 1937 (XIV of 1937); assente d to by the Governor General on 13 March 1937; and, was published in the Gazette of India (Extraordinary), dated: 20 March 1937, p. 28, s. 2. 6 Substituted for the words “Federal Court” by the Central Laws (Adapt ation) Order, 1961 (P. O. N o. 1 of 1961); mad e by the Minister exercising the functions of President under Article 2 of the State Arrangements Ord er, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp.102 -163, Article 2 read with the Schedule: it came into force on 23 March 1956. 7 Substituted for the word “Ditto” by the Repealing and A mending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraord inary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule. SECOND DIVISION : APPEALS Description of appeal. Period of limitation. Time from which period begins to run. 150.– Under the Code of Criminal Procedure, 1898 1 , fro m a sentence of death passed by a Court of Session 2 [or by a High Court in the exercise of its original Criminal Jurisdiction]. Seven days. The date of the sentence. 3 [150A.–* * * * * * * ] 151.– From a decree or order of 4 [a High Court] in the ex ercise of its orig inal jurisdiction. Twenty days. The date of the decree or order. 152.– Under the Code of Civil Procedure, 1908 5 , to the Court of a District Judge. Thirty days. The date of the decree or order appealed from. 153.– Under the same Code, t o a High Court fro m an order of a Subordinate Court refusing leave to appeal to 6 [the Supreme Court]. 7 [Thirty days]. The date of the order. 154.– Under the Code of Criminal Procedure, 1898 8 , to any Court other than a High Court. 1 [Thirty years]. The dat e of the sentence or order appealed from. 1 V of 1898. 2 Added by the Criminal Procedur e Amendment Act, 1943 (XXVI of 1943); assented to by the Governor General on 27 November 1943; and, was published in the Gazette of India (Extraordinary), pp. 73-75, s. 8. 3 Omitted by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), received the assent on Governor General on 13.1.1950, s. 2 and Schedule. It was inserted by the Criminal Law Amendment Act, 1923 (XII of 1923); assented to by the Governor General on 10 March 1923; and, was published in the Gazette of India (Ext raordinary), dated: 24 March 1923, pp. 57-62, s. 42. 4 Substituted for the words “[the High Court of East Bangal or the High Court at] Lah ore” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; a nd, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725 -845, s. 3 read with the Second Schedule: it cam e into force on 14 October 1955. The words in crotches were earlier substituted for the words “any of the High Courts o f Judicature at Fort William, Madras, Bombay and” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), pu blished in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223 -283, Article 3 read with the Schedule . Substituted for the words “Lahore and Rangoon” , “and Lahore” by the Government of India (Adaptation of Indian Laws) Order, 1937, publis hed in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75-344, Article 3 read with the First Schedule. The words “Madras and Bombay or the Chief Court of the Punjab or the Chief Court of Lower Burma” were substituted for the words “Madras, B ombay, Lahore and Rangoon” by the Repealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published in the Punjab Gazette, dated: 11 April 1930, pp. 143-144, s. 2 read with the First Schedule. 5 V of 1908. 6 Substituted for the words “His Majesty in Council” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961 ; and, was publish ed in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp.102 -163, Article 2 read wit h the Schedule: it came into force on 23 March 1956. 7 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 192 3); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), da ted: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 8 V of 1898. 155.– Under the same Code, to a High Court, except in the cases provided for by article 150 and article 157. Sixty days. Ditto. 156.– Under the Code of Civil Procedure,1908 2 , to a High Court, except in the cases provided for by a rticle 151 and article 153. Ninety days. The date of the decree or order appealed from. 157.– Under the Code of Criminal Procedure, 1898 3 , 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. 4 [158.– Under the Arbitration Act, 1940 5 , to set aside an award or to get an award remitted for reconsideration. Thirty days. The date of service of the notice of filing o f the award.] 159.– For leave to appear and defend a suit under the summary procedure referred to in section 128 (2)(f) 6 [or under Order XXXVII] of the 7 [Code of Civil Procedure, 1908 8 ]. 9 [Ten days]. When the summons is served. 160.– For an order under the same Code, to restore to the file an application for review rejected in consequence of the failure of the applicant to appear when the application was called on for hearing. Fifteen days. When the application for review is rejected. 161.– For a review of judgment by a 1 [*] 4 [Fifteen days]. The date of the decree 1 Substituted for the word “Ditto” by the Repealing and Ame nding Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 2 V of 1908. 3 V of 1898. 4 Substituted by the A rbitration Act, 19 40 (X of 1940); assented to by the Governor General on 11 March 1940; and, was published in the Gazette of India (Extraordinary), dated: 16 March 1940, pp. 41-52, s. 49 read with the Fourth Schedule: it came into force on 1 July 1940. It was earlier amended by the Repealing and Amending Act, 1919 (XVIII of 1919); assented to by the Governor General on 17 September 1919; and, was published in the Gazette of India (Extraordinary), dated: 20 September 1919, pp. 39-47, s. 2 read with the First Schedule. 5 X of 1940. 6 Inserted by the Indian Limitation (Amendment) Act, 1925 (XXX of 1925); assented to by the Gove rnor General on 23 September 1925; and, was published in the Gazette of India (Extraordinary), dated: 3 October 1925, p. 59, s. 3. 7 Substituted for the wor ds “same Code” by the Arbitration Act, 1940 (X of 1940); assented to by the Governor General on 11 March 1940; and, was published in the Gazette of India (Extraordinary), dated: 16 March 1940, pp. 41 -52, s. 49 read with the Fourth Schedule: it came into force on 1 July 1940. 8 V of 1908. 9 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated : 10 March 1923, p p. 51-56, s. 2 read with the First Schedule. Court of Small Causes 2 [* * * * * * * * *] or by a Court invested with th e jurisdiction of a 3 [*] Court of Small Causes when exercising that jurisdiction. or order. 162.– For a review of judgment by 5 [a High Court] in the exercise of its original jurisdiction. Twenty days. Ditto. 6 [162-A. Revision under section 115 of the Code of Civil Procedure, 1908 (V of 1908) Ninety days. From the date of the decision sought to be revised.] 163.– By a plaintiff, for an order to set aside a dismissal for default of appearance or for f ailure to pay costs of service of process or to furnish security for costs. Thirty days. The date of the dismissal. 1 The word “Provincial” was omitted by the Berar Laws Act , 1941 (IV of 1941); assented to by the Governor General on 17 March 1941; and, was published in the Gazette of India (Extraordinary), da ted: 23 March 1941 , pp. 12-17, s. 2 read with the Third Schedule: it came into force on 1st August 1941. 4 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor Gener al on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 2 The expression “(other than a Presidency Small Cause Court)” was repealed by the Federal Laws (Revision and Declaration) Act, 1951 (XXVI of 1951); assented to by the Governor-General on 10 May 1951; and, was published in the Gazette of Pakistan (Extraordinary), dated: 12 May 1951, pp. 340 -388, s. 3 read with the Second Schedule. It was inserted by the Berar Laws Act, 1941 (IV of 1941); assented to by the Governor Ge neral on 17 March 1941; and, was published in the Gazette of India (Extraordinary), dated: 23 March 1941, pp. 12-17, s. 2 read with the Third Schedule: it came into force on 1st August 1941. 3 The word “Provincial” was omitted by the Bera r Laws Act, 1941 ( IV of 1941); assented to by the Governor General on 17 March 1941; and, was published in the Gazette of India (Extraordinary), dated: 23 March 1941, pp. 12 -17, s. 2 read with the Third Schedule: it came into force on 1st August 1941. 5 Substituted for the expression “any of the following Courts, namely, the [High Court of East Bengal, the Hi gh Court at Lahore] and the Chief Court of Sind” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was published in the Gazette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. The words in crotches were earlier substituted for the expression “High Courts of Judicature at Fort William, Madras, Bombay, Lahore” and omission of the words “and Nagpur” by the Adaptation of Central Acts and Ordinances Order, 1949 (G.G.O. No. 4 of 1949), published in the Gazette of Pakistan (Extraordinary), dated: 28 March 1949, pp. 223-283, Article 3 read with the Schedule. The word “Rangoon” was omitted by the Government of India (Adaptation of Indian Laws) Order, 1937, published in the Gazette of India (Extraordinary), dated: 1 April 1937, pp. 75 -344, Article 3 read with th e First Schedule. The words “Lahore and Rangoon” were substituted for the words “Lahore, Rangoon and Nagpur” by the Central Provinces Courts (Supplementary) Act, 1935 (VIII of 1935); assented to by the Governor General on 28 September 1935; and, was published in the Gazette of India (Extraordinary), dated: 5 October 1935, p. 19, s. 2 read with the Schedule. The words “the following Courts,” were inserted and the words “Bombay, Lahore and Rangoon and the Chief Court of Sind” were substitute d for the words “a nd Bombay or the Chief Court of Sind or the Chief Court of the Punjab or the Chief Court of Lower Bur ma” by the Repealing and Amending Act, 1927 (X of 1927); assented to by the Governor General on 4 April 1927; and, was published in the Gazette of India (Extraordinary), dated: 16 April 1927, pp. 19 -25, s. 2 read with the First Schedule. The words “or the Chief Court of Sind” were inserted after the word “Bombay” by the Sind Courts (Supplementary) Act, 1926 (XXXIV of 1926); assented to by the Governor Gener al on 9 September 1924; and, was published in the Punjab Gazette (Extraordinary), dated: 1 October 19 26, pp. 192-193, s. 2 read with the Schedule: it came into force on the commencement of the Sind Courts Act, 1926 (Bombay VII of 1926). 6 Inserted by the L imitation (Punjab Amendment) Act 2018 (VIII of 2018), published in the Punjab Gazette (Extraordinary) , dated: 20 March 2018, p. 6615, s. 2. It was earlier omitted by the Limitation (Amendment) Act, 1965 (XI of 1965); assented to by the President on 31 July 1965; and, was published in the Gazette of Pakistan (Extraordinary), dated: 3 August 1965, p. 693, s. 2. It was earlier inserted by the Limitation (Amendment) Ordinance, 1962 (XLIII of 1962), published in the Gazette of Pakistan (Extraordinary), dated: 7 June 1962, pp. 919-920, s. 5. 164.– By a defendant, for an order to set aside a decree passed ex parte. 1 [Thirty days]. The date of the decree or where the summons was not duly served, when the applicant has knowledge of the decree. 165.– Under the Code of Civil Procedure, 1908 2 , by a person dispossessed of immoveable property, and disputing the right of the decree - holder or purchaser at a sale in execution of a decre e to be put into possession. 3 [Thirty days]. The date of the dispossession. 166.– Under the same Code to set aside a sale in execution o f a decree 4 [including any such application by a Judgment debtor]. 5 [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. 6 [Thirty days]. The date of th e resistance or obstruction. 168.– For the readmission of an appeal dismissed for want of prosecution. 7 [Thirty days]. The date of the dismissal. 1 Substituted for the word “Ditto” by the Repealing and Amending Act, 19 23 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule. 2 V of 1908. 3 Substituted for the word “Ditto” by the Repea ling and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 4 Added by the Indian Limitation (Amendment) Act, 1927 (I of 1927); assented to by the Governor General on 18 February 1927; and, was published in the Gazette of India (Ex traordinary), dated: 26 February 1927, pp. 1 -2, s. 4: it came into force on 1 January 1928. 5 Substituted for the word “ Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in t he Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 6 Substituted for the words “ Thirty days” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; an d, was published i n the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 7 Substituted for the word “Ditto” by the Act ibid. 169.– For the re -hearing of an appeal heard ex parte. 1 [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. 170.– For leave to appeal as a pauper. 2 [Thirty days]. The date of the decree appealed from. 171.– Under the Code of Civil Procedure, 190 8 3 , 4 [by the legal representative of a deceased plaintiff or defendant for setting aside an order or judgment made or p ronounced in his absence]. Sixty days. 5 [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. 6 [Sixty days]. The date of the order of dismissal. 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. 7 [Ninety days]. When the payment or adjustment is made. 175.– For payment of the amount of a decree by instalments. Six months. The date of the decree. 1 Ibid. 2 Ibid. 3 V of 1908. 4 Substituted for the words “for an order to se t aside an abateme nt” by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2 read with the Schedule. 5 Ibid., for the words “the date of the abatement”. 6 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 7 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor Gene ral on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 176.– Under the same Code to have the legal representative of a deceased plaintiff or of a deceased appellant made a party. 1 [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. 2 [Ninety days]. The date of the death of the deceased defendant or respondent. 3 [178.– Under the Arbitration Act, 1940 4 , for the filing in Court of an award. Ninety days. The date of service of the notice of making of the award.] 179.– By a person desiring to appeal under the 5 [Code of Civil Proce dure, 1908 6 ] to 7 [the Supreme Court] for leave to appeal. 8 [Ninety days]. The date of the decree appealed from. 180.– By a purchaser of immoveable property at a sale in execution of a decree for delivery of possession. Three years. When the sale becomes absolute. 1 Substituted for the words “ninety days” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. It was earlier substituted for the word “Ditto” by the Indian Limitation and Code of Ci vil Procedure (Amendment) Act, 1920 (XXVI of 1920); assented to by the Governor General on 2 September 1920; and, was published in the Gazette of India (Extraordinary), dated: 4 September 1920, p. 75, s. 2. 2 Substituted for the words “Six months” by the Re pealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published in the Gazette of In dia (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. 3 Substituted by the Arbitratio n Act, 1940 (X of 1940); assented to by the Governor General on 11 March 1940; and, was published in the Gazette of India (Extraordinary), dated: 16 March 1940, pp. 41-52, s. 49 read with the Fourth Schedule: it came into force on 1 July 1940. 4 X of 1940. 5 Substituted for the words “same Code” by the Arbitration Act, 1940 (X of 1940); assented to by the Governor General on 11 March 1940; and, was published in the Gazette of India (Extraordinary), dated: 16 March 1940, pp. 41 -52, s. 49 read with the Fourth Schedule: it came into force on 1 July 1940. 6 V of 1908. 7 Substituted for the words “His Majesty in Council” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1 961, pp.102-163, Article 2 read with the Schedule: it came into force on 23 March 1956. 8 Substituted for the words “nin ety days” by the Repealing and Amending Act, 1923 (XI of 1923); assented to by the Governor General on 5 March 1923; and, was published i n the Gazette of I ndia (Extraordinary), dated: 10 March 1923, pp. 51 -56, s. 2 read with the First Schedule. It was earl ier substituted for the word “Ditto” by the Indian Limitation and Code of Civil Procedure (Amendment) Act, 1920 (XXVI of 1920); assented to by the Governor General on 2 September 1920; and, was published in the Gazette of India (Extraordinary), dated: 4 September 1920, p. 75, s. 2. 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 1 . 2 [Three years]. When the right to apply accrues. 3 [182.– * * * * * * * ] 183.– To enfor ce a judgment, decree or order of any 4 [High 5 [Six years]. When a present right to enforce 1 V of 1908. 2 Substituted for the word “Ditto” by the Repealing and Amending Act, 1923 (XI of 1923); assented t o by the Governor General on 5 March 1923; and, was published in the Gazette of India (Extraordinary), dated: 10 March 1923, pp. 51-56, s. 2 read with the First Schedule. 3 Omitted by the Law Reforms Ordinance, 1972 (XII of 1972), published in the Gazette o f Pakistan (Extrao rdinary), dated: 14 April 1972, pp. 526 -583, s. 2 read with the Schedule. It was earlier amended by t he Limitation (Amendment) Ordinance, 1962 (XLIII of 1962), assented to by the President on 5 June 1962; and was published in the Gazette of Pakistan (Extra ordinary), dated: 7 June 1962, pp. 919-920, s. 5. 4 Substituted for the words “Court established by Ro yal Charter” by the Central Laws (Statute Reform) Ordinance, 1960 (XXI of 1960); assented to by the President on 7 June 1960; and, was pu blished in the Gaz ette of Pakistan (Extraordinary), dated: 9 June 1960, pp. 725-845, s. 3 read with the Second Schedule: it came into force on 14 October 1955. 5 Substituted for the words “Twelve years” by the Law Reforms Ordinance, 1972 (XII of 1972), publ ished in the Gazet te of Pakistan (Extraordinary), dated: 14 April 1972, pp. 526-583, s. 2 read with the Schedule. Court] in the exercise of its ordinary original civil jurisdiction, or an order of 1 [the Supreme Court]. the judgment, decree or ord er accrues to some person capable of releasing the right: Provided that when the judgment, 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 be en given in writing signed by the person liable to pay such principal or interest, or his agent, to t he 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. 2 [THE SECOND SCHEDULE.– Territories referred to in section 31.] 3 [THE THIRD SCHEDULE.– Enactments Repealed.] 1 Substituted for the words “His Majesty in Council” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp.102 -163, Article 2 read with the Schedule: it came into force on 23 March 1956. 2 Repealed by the Repealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published in the Punjab Gazette, dated: 11 April 1930, pp. 143-144, s. 3 read with the Second Schedule. 3 Repealed by the Second Repealing and Amending Act, 1914 (XVII of 1914); assented to by the Governor General on 16 September 1914; and, was published in the Gazette of India (Extraordinary), dated: 19 September 1914, pp. 68 -72, s. 3 read with the Second Schedule.
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Section 31
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title, extent and commencement .– (1) This Act may be called the 2 [*] Limitation Act, 1908. 3 [(2) It extends to the whole of Pakistan.] (3) This section and section 31 shall come into force at once. Th e 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” i
Section 6
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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. 8. Special exceptions.– Nothing in section 6 or in section 7 app lies 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 withi
Section 7
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and G is a minor. Time will not run against any of them until either E or F becomes sane, or G attains majority. 8. Special exceptions.– Nothing in section 6 or in section 7 app lies 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
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 of his attaining majority, within which he may bring his suit. (b) A right to sue for an hereditary office
Section 6
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eason. 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 represen
Section 6
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tinuing 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. 9. Continuous running of time .– Where once time has begu n to run, no
Section 3
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cal law prescribes for any suit, appeal or application a per iod of limitation different from the period prescribed therefor by the first schedule, the provisions of section 3 shall apply, as if such per iod 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 prov
Section 4
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d 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 onl y 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.] 4
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 onl y 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.] 4 [(3)] Nothing in this Act shall ap
Section 2
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published in the Gazette of India (Extraordinary), dated: 11 March 1922, p. 99, s. 2. 5 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 Indian Easements Act, 1882 2 , may for the time being extend. 3 [30. Provision for suits for which the period pres cribed is shorter than that prescribed by
Section 3
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1914; and, was published in the Gazette of India (Extraordinary), dated: 19 September 1914, pp. 68 -72, s. 3 read with the Second Schedule. THE FIRST SCHEDULE (See section 3.) First Division: Suits. Description of suit. Period of limitation. Time from which period begins to run. Part I.– Thirty days. 1.– To contest an award of the Board of Revenue under the Waste Lands (Claims) A
Section 9
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the time being in 2 [Pakistan]. Ninety days. When the act or omission takes place. Part III.– Six months. 3.– Under the Specific Relief Act, 1877 3 , section 9, t o recover possession of immoveable property. Six months. When the dispossession occurs. 4 [4.– * * * * * * * * ] 5 [Part IV.– One year.] 1 XXIII of 1863. 2 Substituted for the words “the Provinces an
Section 360
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56, s. 2 read with the First Schedule. 2 Ibid. 3 Ibid. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. 8 Ibid. 43.– Under the 1 [Succession Act, 1925 2 , 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. 3 [Three years]. The date of the payment or distribution. 44.– By a ward who has attain
Section 361
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ith the First Schedule. 2 Ibid. 3 Ibid. 4 Ibid. 5 Ibid. 6 Ibid. 7 Ibid. 8 Ibid. 43.– Under the 1 [Succession Act, 1925 2 , 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. 3 [Three years]. The date of the payment or distribution. 44.– By a ward who has attained majority,
Section 320
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wrongfully taking or detaining the same. the property first learns in whose possession it is. 1 Substituted for the words “Indian Succession Act, 186 5, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140” by the Re pealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published
Section 321
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aking or detaining the same. the property first learns in whose possession it is. 1 Substituted for the words “Indian Succession Act, 186 5, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140” by the Re pealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published in the Punjab G
Section 139
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ose possession it is. 1 Substituted for the words “Indian Succession Act, 186 5, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140” by the Re pealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published in the Punjab Gaz ette, dated: 11 Ap ril 1930, pp. 143 -144, s. 2 read with the
Section 140
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n it is. 1 Substituted for the words “Indian Succession Act, 186 5, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140” by the Re pealing and Amending Act, 1930 (VIII of 1930); assented to by the Governor General on 16 March 1930; and, was published in the Punjab Gaz ette, dated: 11 Ap ril 1930, pp. 143 -144, s. 2 read with the First Schedule
Section 128(2)
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hirty days. The date of service of the notice of filing o f the award.] 159.– For leave to appear and defend a suit under the summary procedure referred to in section 128 (2)(f) 6 [or under Order XXXVII] of the 7 [Code of Civil Procedure, 1908 8 ]. 9 [Ten days]. When the summons is served. 160.– For an order under the same Code, to restore to the file an application for re
Section 31
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ent or acknowledgment or the latest of such revivors, payments or acknowledgments, as the case may be. 2 [THE SECOND SCHEDULE.– Territories referred to in section 31.] 3 [THE THIRD SCHEDULE.– Enactments Repealed.] 1 Substituted for the words “His Majesty in Council” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercisin
Provisions explicitly cited in other instruments 9
Section 5 of Negotiable Instruments Act, 1881
Cited by LIMITATION ACT, 1908
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ntext,– (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 perform
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
Section 48 of Code of Civil Procedure (CPC) , 1908 (Under Review)
Cited by LIMITATION ACT, 1908
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period after the disability has ceased, as would otherwise have been allowed from the ti me prescribed therefor in the third column of the first schedule 5 [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 di sabilities, or whe re, before his disability has ceased, he is affected by another disa
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
Section 128(2)(f) of Code of Civil Procedure (CPC) , 1908 (Under Review)
Cited by LIMITATION ACT, 1908
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n 23 September 1925; and, was published in the Gazette of India (Extraordinary), dated: 3 October 1925, p. 59, s. 2. 5.– Under the summary procedure referred to in section 128 (2) (f) of the Code of Civil Procedure, 1908 1 2 [where the provision of such summary procedure does not exclude the ordinary procedure in such suits 3 [* * * * * * * *]. 4 [One year]. When the deb t or liquidated demand becomes payable or when t
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
Section 115 of Code of Civil Procedure (CPC) , 1908 (Under Review)
Cited by LIMITATION ACT, 1908
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order. 162.– For a review of judgment by 5 [a High Court] in the exercise of its original jurisdiction. Twenty days. Ditto. 6 [162-A. Revision under section 115 of the Code of Civil Procedure, 1908 (V of 1908) Ninety days. From the date of the decision sought to be revised.] 163.– By a plaintiff, for an order to set aside a dismissal for default of appearance or for f ailure to pay costs of s
Target heading · Code of Civil Procedure (CPC) , 1908 (Under Review)
1[115. Revision.__ (1) A High Court may call for the record of any case which has been decided by any Court subordinate to that High Court and in which no appeal lies thereto, and if such subordinate Court appears__ (a) to have exercised a jurisdiction not vested in it by law; or (b) to have failed to exercise
Section 48 of Code of Civil Procedure (CPC) , 1908 (Under Review)
Cited by LIMITATION ACT, 1908
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of India (Extraordinary), dated: 4 September 1920, p. 75, s. 2. 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 1 . 2 [Three years]. When the right to apply accrues. 3 [182.– * * * * * * * ] 183.– To enfor ce a judgment, decree or order of any 4 [High 5 [Six years]. When a present right to enfo
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
Section 25 of Indian Contract Act, 1872
Cited by LIMITATION ACT, 1908
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for fifteen years. 1 [28. Extinguishment of right to property.– * * * * ] PART V Savings and Repeals 29. Savings.– 2 [(1) Nothing in this Act shall affect section 25 of the Indian Contract Act, 1872 3 . (2) Where any special or local law prescribes for any suit, appeal or application a per iod of limitation different from the period prescribed therefor by the first schedule, the provisions of section 3 shall apply, a
Article 2 of State Arrangements Order, 1959
Cited by LIMITATION ACT, 1908
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the words “His Majesty in Council” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961 ; and, was publish ed in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp.102 -163, Article 2 read wit h the Schedule: it came into force on 23 March 1956. 7 Substituted for the word “
Article 2 of State Arrangements Order, 1959
Cited by LIMITATION ACT, 1908
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the words “His Majesty in Council” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1 961, pp.102-163, Article 2 read with the Schedule: it came into force on 23 March 1956. 8 Substituted for the words “ni
Article 2 of State Arrangements Order, 1959
Cited by LIMITATION ACT, 1908
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the words “His Majesty in Council” by the Central Laws (Adaptation) Order, 1961 (P. O. No. 1 of 1961); made by the Minister exercising the functions of President under Article 2 of the State Arrangements Order, 1959 on 21 January 1961; and, was published in the Gazette of Pakistan (Extraordinary), dated: 24 January 1961, pp.102 -163, Article 2 read with the Schedule: it came into force on 23 March 1956. 2 Repealed by the Repealing and
Cited instruments not matched in this library 98
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