LIMITATION ACT, 1908
LIMITATION ACT, 1908
Last Updated: 19080807
Contents
PREAMBLE. .
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 OFLIMITATION
4 WHERE COURT IS CLOSED WHEN PERIOD EXPIRES
5 EXTENSION OF PERIOD IN CERTAIN CASES
6 LEGAL DISABILITY
7 DISABILITY OF ONE OF SEVERAL PLAINTIFFS OR APPLICANTS
8 SPECIAL EXCEPTIONS
9 CONTINUOUS RUNNING OF TIME
10 SUITS AGAINST EXPRESS TRUSTEES AND THEIR REPRESENTATIVES
11 SUITS ON FOREIGN CONTRACTS
PART III. COMPUTATION OF PERIOD OF LIMITATION
12 EXCLUSION OF TIME IN LEGAL PROCEEDINGS
13 EXCLUSION OF TIME OR DEFENDANTS, ABSENCE FROM PAKISTANAND CERTAIN OTHER TERRITORIES
14 EXCLUSION OF TIME OF PROCEEDING BONA FIDE IN COURTWITHOUT JURISDICTION
15 EXCLUSION OF TIME DURING WHICH PROCEEDINGS ARESUSPENDED
16 EXCLUSION OF TIME DURING WHICH PROCEEDINGS TO SET ASIDEEXECUTION SALE ARE PENDING
17 EFFECT TO 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 ONLEGACY
21 AGENT OF PERSON UNDER DISABILITY
22 EFFECT OF SUBSTITUTING OR ADDING NEW PLAINTIFF OR DEFENDANT
23 CONTINUING BREACHES AND WRONGS
24 SUIT FOR COMPENSATION FOR ACT NOT ACTIONABLE WITHOUTSPECIAL 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
PART V. SAVINGS AND REPEALS
29 SAVINGS
30 AND 31
PROVISION FOR SUITS FOR WHICH THE PERIOD PRESCRIBED IS SHORTER
32 REPEAL
FIRST SCHEDULE. FIRST DIVISION : SUITS
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE.. FIRST DIVISION :SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE.. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITS CONTD
FIRST SCHEDULE. FIRST DIVISION : SUITSCONTD
FIRST SCHEDULE. SECOND DIVISION : APPEALS CONTD
FIRST SCHEDULE. SECOND DIVISION : APPEALS CONTD
FIRST SCHEDULE. THIRD DIVISION : APPLICATIONS CONTD
FIRST SCHEDULE. THIRD DIVISION : APPLICATIONS CONTD
FIRST SCHEDULE. THIRD DIVISION : APPLICATIONS CONTD
FIRST SCHEDULE. THIRD DIVISION : APPLICATIONSCONTD
FIRST SCHEDULE. THIRD DIVISION : APPLICATIONS CONTD
FIRST SCHEDULE. THIRD DIVISION : APPLICATIONS CONTD
SECOND SCHEDULE. TERRITORIES REFERRED TO IN SECTION 31
THIRD SCHEDULE. ENACTMENTS REPEALED
THE LIMITATION ACT, 1908
1ACT NO. IX OF 1908
[7th August, 1908]
An Act to consolidate and amend the law for the Limitation of Suits, and for other purposes.
WHEREAS it is expedient to consolidate and amend the law relating to the limitation of suits, appeals and certain applications to Courts; and whereas it is also expedient to provide rules for acquiring by possession the ownership of easements and other property; It is hereby enacted as follows :
PART I
PRELIMINARY
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.
1 For Statement of Objects and Reasons, see Gazette of India, 1908, Pt. V, p. 22 ; for Report of the Select Committee, see ibid., 1908, Pt. V, p. 223 ; and for Proceedings in Council, see ibid., 1908, Pt. VI, pp. 2, 13, 37 and 145. The Act has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s. 3. It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), and applied in the Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499. It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., see N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. It has also been extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws Regulation, 1950 and declared to be in force in that area with effect from the 1st June, 1951, see N.W.F.P. Gazette, Ext., dated the 1st June, 1951. The Act, as inforce in the North West Frontier Province immediately before the commencement of N.W.F.P. Regulation No. II of 1974, has been applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat, and Malakand Protected Area, by N.W.F.P. Regulation No. II of 1974, s. 3. 2The word “Indian” omitted by A. O., 1949. 3Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3. and 2nd Sch. (with effect from the 14th October 1955), for the original subsection (2) as amended by A. O., 1949 .
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:
1[(2) “bill of exchange” has the same meaning as in section 5 of the Negotiable Instruments Act, 1881 (XXVI of 1881), and includes a hundi and a cheque,]
(3) “bond” includes any instrument whereby a person obliges himself to pay money to another on condition that the obligation shall be void if a specified act is performed, or is not performed, as the case may be :
(4) “defendant” includes any person from or through whom a defendant derives his liability to be sued:
(5) “easement” includes a right not arising from contract, by which one person is entitled to remove and appropriate for his own profit any part of the soil belonging to another or anything growing in, or attached to or subsisting upon, the land of another:
(6) “foreign country” means any country other than 2[Pakistan 3* * *]:
(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 :
4[(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:
(11) “trustee” does not include a benamidar, a mortgagee remaining in possession after the mortgage has been satisfied, of a wrongdoer in possession without title.
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PART II
LIMITATION OF SUITS, APPEALS AND APPLICATIONS
3. Dismissal of suits, etc., instituted, etc., after period of limitation. Subject to the provisions contained in sections 4 to 25 (inclusive), every suit institute, appeal preferred, and application made, after the period of limitation prescribed therefore by the
1Subs. by the Limitation (Amdt.) Ordinance, 1980 (62 of 1980), s. 2, for the original clause (2). 2Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and Third Sch., for “British India”. 3The comma and words “but includes an Acceding state” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 2 and Second Sch. 4Subs. by Ordinance 62 of 1980, s.2, for the original clause (9).
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 reopens.
5. Extension of period in certain cases. Any appeal or application for 1[a revision or] a review of judgment or for leave to appeal or any other application to which this section may be made applicable 2[by or under any enactment] for the time being in force may be admitted after the period of limitation prescribed therefor, when the appellant or applicant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application within such period.
Explanation.___ The fact that the appellant or applicant was misled by any order, practice or judgment of the High Court in ascertaining or computing the prescribed period of limitation may be sufficient cause within the meaning of this section.
3* * * * * * *
6. Legal disability.___ (1) Where a person entitled to institute a suit 4[or proceeding] or make an application for the execution of a decree is, at the time from which the period of limitation is to be reckoned, a minor, or insane, or an idiot, he may institute the suit 4[or proceeding] or make the application within the same period after the disability has ceased, as would otherwise have been allowed
1Ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s. 2. 2Subs. by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 2, for “by any enactment or rule”. 3A section 5A was temporarily ins. here for a period of six months with effect from the 13th February 1948, see the Negotiable Instruments. Act (Temporary Amdt.) Ordinance, 1948 (6 of 1948), s. 3 and the Ministry of Finance Notification No. D. 2702F/48, dated the 11th May, 1948, Gazette of Pakistan, 1948, Pt. I. p. 258. 4lns. by Ord. 43 of 1962, s. 3.
from the time prescribed therefore in the third column of the first schedule 1[or in section 48 of the Code of Civil Procedure, 1908 (Act V of 1908)].
(2) Where such person is, at the time from which the period of limitation is to be reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected by another disability, he may institute the suit or make the application within the same period, after both disabilities have ceased, as would otherwise have been allowed from the time so prescribed.
(3) Where the disability continues up to the death of such person, his legal representative may institute the suit or make the application within the same period after the death as would otherwise have been allowed from the time so prescribed.
(4) Where such representative is at the date of the death affected by any such disability, the rules contained in subsections (1) and (2) shall apply.
Illustrations
(a) The right to sue for the hire of a boat accrues to A during his minority. He attains majority four years after such accruer. He may institute his suit at any time within three years from the date of his attaining majority.
(b) A right to sue accrues to Z during his minority. After the accruer, but while Z is still a minor, he becomes insane. Time runs against Z from the date when his insanity and minority cease.
(c) A right to sue accrues to X during his minority. X dies before attaining majority, and is succeed by Y, his minor son. Time runs against Y from the date of his attaining majority.
7. Disability of one of several plaintiffs or applicants. Where one of several persons jointly entitled to institute a suit 2[or proceeding] or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, time will run against them all: but, where no such discharge can be given, time will not run as against any of them until one of them becomes capable of giving such discharge without the concurrence of the others or until the disability has ceased.
Illustrations
(a) A incurs a debt to a firm of which B, C and D are partners. B is insane, and C is a minor. D can give a discharge of the debt without the concurrence or B and C. Time runs against B, C and D.
(b) A incurs a debt to a firm of which E, F and G are partners. E and F are insane, and G is a minor. Time will not run against any of them until either E or F becomes sane, or G attains majority.
1Added by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s. 3. 2Ins. ibid.
18. Special exceptions. Nothing in section 6 or in section 7 applies to suits to enforce rights of preemption, 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 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.
10. Suits against express trustees and their representatives. Notwithstanding anything hereinbefore contained, no suitagainst a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being assigns for valuable consideration), for the purpose of following in his or their hands such property or the proceeds thereof, or for an account of such property or proceeds
shall be barred by any length of time.
1[For the purposes of this section any property comprised in a Hindu, Muhammadan or Buddhist religious or charitable endowment shall be deemed to be property vested in trust for a
1Ins. by the Indian Limitation (Amdt.) Act, 1929 ( 1 of 1929),s. 2.
specific purpose, and the manager of any such property shall be deemed to be the trustee thereof.]
11. Suits on foreign contracts.___(1) Suits instituted in l[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 l[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.
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PART III
COMPUTATION OF PERIOD OF LIMITATION
12. Exclusion of time in legal proceedings.___(1) In computing the period of limitation prescribed for any suit, appeal or application, the day from which such period is to be reckoned shall be excluded.
(2) In computing the period of limitation prescribed for an appeal, an application for leave to appeal and an application for a review of judgment, the day on which the judgment complained of was pronounced, and the time requisite for obtaining a copy of the decree, sentence or order appealed from or sought to be reviewed, shall be excluded.
(3) Where a decree is appealed from or sought to be reviewed, the time requisite for obtaining a copy of the judgment on which it is founded shall also be excluded.
(4) In computing the period of limitation prescribed for an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.
5[(5) For the purposes of subsections (2), (3) and (4), the time requisite for obtaining a copy of the decree, sentence, order, judgment or award shall be deemed to be the time intervening between the day on which an application for the copy is made and the day actually intimated to the applicant to be the day on which the copy will be ready for delivery.]
13. Exclusion of time or defendants, absence from Pakistan and certain other territories. In computing the period of limitation prescribed for any suit, the time during which the defendant has been absent from l[Pakistan] and from the territories beyond l[Pakistan] under the administration of 2[the 3[Federal Government]] 4* * * shall be excluded.
1Subs. by the Central laws (Statute) Reform Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch., for “the Province and Capital of the Federation” which had been subs. by A.O., 1949, for British India. 2Subs. by A.O., 1937 for “the Govt”. 3Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government”. 4The words “or the Crown Representative” omitted by A. O. 1949. 5Added by Act XIII of 1991, s.2.
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 Il.___For the purposes of this section, a plaintiff or an applicant resisting an appeal shall be deemed to be prosecuting a proceeding.
Explanation III.—For the purposes of this section misjoinder of parties or of cause of action shall be deemed to be a cause of a like nature with defect of jurisdiction.
15. Exclusion of time during which proceedings are suspended.—(1) In computing the period of limitation prescribed for any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the continuance of the injunction or order, the day on which it was issued or made and the day on which it was withdrawn, shall be excluded.
(2) In computing the period of limitation prescribed for any suit of which notice has been given in accordance with the requirements of any enactment for the time being in force, the period of such notice shall be excluded.
16. Exclusion of time during which proceedings to set aside execution sale are pending. In computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecured shall be excluded.
17. Effect to 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 subsections (1) and (2) applies to suits to enforce rights of preemption 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 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 pro ducing it or compelling its production.
19. Effect of acknowledgment in writing.___(1) Where, before the expiration of the period prescribed for a suit or application respect of any property or right, an acknowledgment of liability in respect of such property or right has been made in writing signed by the party against whom such property or right is claimed, or by some person through whom he derives title or liability, a fresh period of limitation shall be computed from the time which the acknowledgment was so signed.
(2) Where the writing containing the acknowledgment is undated, oral evidence may be given of the time when it was signed; but, subject to the provisions of the Evidence Act. 1872 (I of 1872) oral evidence of its contents shall not be received.
Explanation I.___For the purposes of this section an acknowledgment may be sufficient though it omits to specify the exact nature of the property or right, or avers that the time for payment, delivery, performance or enjoyment has not yet come, or is accompanied by a refusal to pay, deliver, perform or permit to enjoy, or is coupled with a claim to a setoff, 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. Effect of payment on account of debt or of interest on legacy.—1[(1) Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy, or by his duly authorised agent, a fresh period of limitation shall be computed from the time when the payment was made:]
2[Provided that 3* * * an acknowledgment of the payment appears in the handwriting of, or in a writing signed by, the person making the payment.]
(2) Effect to receipt of procedure of mortgaged land. Where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to be a payment for the purpose of subsection (1).
Explanation.___Debt includes money payable under a decree or order of Court.
21. Agent of person under disability.___(1) The expression “agent duly authorized in his behalf,” in sections 19 and 20, shall, in the case of a person under disability, include his lawful guardian, committee or manager, or an agent duly authorised by such guardian, committee or manager to sign the acknowledgment or make the payment.
(2) Acknowledgement or payment by one of several joint contractors, etc. Nothing in the said sections renders one of several joint contractors, partners, executors or mortgagees chargeable by reason only of a written acknowledgment signed or of a payment made by, or by the agent of, any other or others of them.
1Subs. by the Indian Limitation (Amdt.) Act, 1942 (16 of 1942), s. 2, for the original subsection (1). 2Subs. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s. 2 for the original proviso. 3The commas and words “save in the case of payment of interest made before the 1st day of January, 1928,” omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s. 3 and Second Sch.,
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.]
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 subsection (1) shall apply to a case where a party is added or substituted owing to an assignment or devolution of any interest during the pendency of a suit or where a plaintiff is made a defendant or a defendant is made a plaintiff.
23. Continuing breaches and wrongs. In the case of a continuing breach of 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.
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.
1Subsection (3) ins. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s. 3.
25. Computation of time mentioned in instruments. All instruments shall, for the purposes of this Act, be deemed to be made with reference to the Gregorian calendar.
Illustrations
(a) A Hindu makes a promissory note bearing a Native date only, and payable four months after date. The period of limitation applicable to a suit on the note runs from the expiration of four months after date computed according to the Gregorian calendar.
(b) A Hindu makes a bond, bearing a Native date only, for the repayment of money within one year. The period of limitation applicable to a suit on the bond runs from the expiration of one year after date computed according to the Gregorian calendar.
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PART IV
ACQUISITION OF OWNERSHIP BY POSSESSION
26. Acquisition of right to easements.___(1) Where the access and use of light or air to and for any building have been peaceably enjoyed therewith as an easement, and as of right, without interruption, and for twenty years,
and where any way or watercourse, or the use of any water, or any other easement (whether affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto as an easement and as of right without interruption, and for twenty years,
the right to such access and use of light or air, way, watercourse, use of water, or other easement shall be absolute and indefeasible.
Each of the said periods of twenty years shall be taken to be a period ending within two years next before the institution of the suit wherein the claim to which such period relates contested.
(2) Where the property over which a right is claimed under subsection (1) belongs to the 1[Government], that subsection 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
1The word “Govt.” was first subs. by A. O., 1937 and then amended by A. O., 1961, Art. 2 and Sch. (with effect from the 23rd March, 1956). to read as above.
act of some person other than the claimant, and unless such obstruction is submitted to or acquiesced in for one year after the claimant has notice thereof and of the person making or authorizing the same to be made.
Illustrations
(a) A suit is brought in 1911 for obstructing a right of way. The defendant admits the obstruction, but denies the right of way. The plaintiff proves that the right was peaceably and openly enjoyed by him, claiming title thereto as an easement and as of right, without interruption from 1st January 1890 to 1st January 1910. The plaintiff is entitled to judgment.
(b) In a like suit the plaintiff shows that the right was peaceably and openly enjoyed by him for twenty years. The defendant proves that the plaintiff, on one occasion during the twenty years, had asked his leave to enjoy the right. The suit shall be dismissed.
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 twentyfive years; but B shows that during ten of these years C, Hindu widow, had a life interest in the land, that on C’s death B became entitled to the land, and that within two years after C’s death he contested A’s claim to the right. The suit must be dismissed, as A, with reference to the provisions of this section, has only proved enjoyment for fifteen years.
2* * *
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PART V
SAVINGS AND REPEALS
29. Savings.___1[(1) Nothing in this Act shall affect section 25 of the contract Act, 1872 (IX of 1872).
1Subs. by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 3, for the original subsection (1). 2Omitted by Act II of 1995,s 2.
(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefor by the first schedule, the provisions of section 3 shall apply, as if such period were prescribed therefor in that schedule, and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law___
(a) the provisions contained in section 4, sections 9 to 18, and section 22 shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law; and
(b) the remaining provisions of this Act shall not apply.]
1[(3)] Nothing in this Act shall apply to suits under the Divorce Act (IV of 1869).
1[(4)] Sections 26 and 27 and the definition of “easement” in section 2 shall not apply to cases arising in territories to which the Easements Act, 1882 (V of 1882), may for the time being extend.
30 and 31. [Provision for suits for which the period prescribed is shorter than that prescribed by the Indian Limitation Act, 1877. Provision for suits by certain mortgagees in territories mentioned in the Second Schedule.] Rep. by the Repealing and Amending Act, 1930 (VIII of 1930), s. 3 and Second Schedule.
32. [Repeals.] Rep. by the Second Repealing and Amending Act, 1914 (XVII of 1914), s. 3 and Second Schedule.
________
1The original subsections (2) and (3) were renumbered as (3) and (4), by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 3.
THE FIRST SCHEDULE (See section 3)
FIRST DIVISION : SUITS
Description of suit. Period of limitation. Time from which period beings to run.
Part I.—Thirty days.
1.— To contest an award of the Board of Revenue Under the Waste Lands (Claims) Act, 1863 (XXII of 1863).
Thirty days .. When notice of the award is delivered to the plaintiff.
2.— For compensation for doing or for omitting to do an act alleged to be in pursuance of any enactment in force for the time being in 1[Pakistan.]
Part II.—Ninety days.
Ninety days. ..
When the act or omission takes place.
3.— Under the Specific Relief Act, 1877 (I of 1877), section 9, to recover possession of immoveable property.
Part III.—Six months.
Six months. ..
When the dispossession occurs.
1* * * * * * *
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Province and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. 2Article 4 relating to suits under the Employers and Workmen (Disputes) Act, 1860, omitted by the Repealing and Amending Act, 1937 (20 of 1937) s.3 and Second Schedule.
THE FIRST SCHEDULE.—contd.
IRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
1[Part IV.—One year].
5.— Under the summary procedure referred to in section 128 (2) (f) of the Code of Civil Procedure, 1908 (V of 1908) 2[where the provision of such summary procedure does not exclude the ordinary procedure in such suits3* *].
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 Byelaw, 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.
7[One year] .. When the food or drink is delivered.
1 Ins. by the Indian Limitation (Amdt.) Act, 1925 (30 of 1925), s.2. 2 Added ibid. 3 The words “and under Order XXXVII of the said Code” omitted by the Civil Procedure and Limitation (Amdt.) Ordinance, 1961 (9 of 1961). 4 Subs. by Act 30 of 1925, s.2, for “Six months.” 5 The heading “Part IV.—One year” omitted, ibid. 6 The words “not provided for by this Schedule, Article 4” omitted by the Repealing and Amending Act, 1939 (34 of 1939) s.2 and First Sch. 7 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
THE FIRST SCHEDULE.—contd.
FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part IV.—One
year—contd.
9.— For the price of lodging. 1[One year] .. When the price becomes payable.
10.—To enforce a right of pre emption whether the right is founded on law, or general usage, or on special contract.
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[One year]. .. The date of the order.
(1) Order under the Code of Civil Procedure, 1908 (V of 1908), on a claim preferred to, or an objection made to the attachment of, property attached in execution of a decree;
1[One year]. …
2* * *
11A.—By a person against whom an order has
The date of the order.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2 Clause (2) omitted by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.3 and Second Sch.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part IV.—One
year—contd.
been made under the Code of Civil Procedure, 1908 (V of 1908), upon an application by the holder of a decree for the possession of immoveable property or by the purchaser of such property sold in execution of a decree complaining of resistance or obstruction to the delivery of possession thereof, or upon an application by any person dispossessed of such property in the delivery of possession thereof to the decreeholder or purchaser, to establish the right which he claims to the present possession of the property comprised in the order.
1[One year] ..
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;
When the sale is confirmed, or would otherwise have become final and conclusive had no such suit been brought.
1Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part IV.—One
year—contd.
(c) sale for arrears of Government revenue, or for any demand recoverable as such arrears;.
(d) sale of a patni taluo sold for current arrears of rent.
Explanation.—In this article “patni” includes any intermediate tenure saleable for current arrears of rent.
13.—To alter or set aside a decision or order of a Civil Court in any proceeding other than a suit.
1[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.
1[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.
1[One year]. . . When the attachment, lease or transfer is made.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part IV.—One
year—contd.
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.
1[One year]. .. When the payment is made.
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.
1[One year]. .. The date of the refusal to complete.
19.—For compensation for false imprisonment.
1[One year]. .. When the imprisonment ends.
20.—By executors, administrators or representative under the Legal Representatives’ SuitsAct, 1855 (XII of 1855).
1[One year]. .. The date of the death of the person wronged.
21.—By executors, administrators or representatives under the Fatal Accidents Act, 1855 (XIII of 1855).
1[One year]. .. The date of the death of the person killed.
22.—For compensation for any other injury to the person.
1[One year]. .. When the injury is committed.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part IV.—One
year—contd.
23.—For compensation for a malicious prosecution.
1[One year] .. When the plaintiff is acquitted, or the prosecution is otherwise terminated.
24.—For compensation for libel. 1[One year] .. When the libel is published.
25.—For compensation for slander. 1[One year] .. When the words are spoken, or, if the words are not actionable in themselves, when the special damage complained of results.
26.—For compensation for loss of service occasioned by the seduction of the plaintiff’s servant or daughter.
1[One year] .. When the loss occurs.
27.—For compensation for inducing a person to break a contract with the plaintiff.
1[One year] .. The date of the breach.
28.—For compensation for and illegal, irregular or excessive distress.
1[One year] .. The date of the distress.
29.—For compensation for wrongful seizure for moveable property under legal process.
1[One year] .. The date of the seizure.
30.—Against a carrier for compensation for losing or injuring goods.
1[One year] .. When the loss or injury occurs.
31.—Against a carrier for compensation for non delivery of, or delay in delivering, goods.
1[One year] .. When the goods ought to be delivered.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part V.—Two years.
32.—Against one who having a right to use property for specific purposes, perverts it to other purposes.
1[Two years] .. When the perversion first becomes known to the person injured thereby.
33.—Under the Legal Representatives’ Suits Act, 1855 (XII of 1855), against an executor.
1[Two years] .. When the wrong complained of is done.
34.—Under the same Act against an administrator.
1[Two years] .. Ditto.
35.—Under the same Act against any other representative.
1[Two years] .. Ditto.
36.—For compensation for any malfeasance, misfeasance or nonfeasance independent of contract and not herein specially provided for.
1[Two years] .. When the malfeasance, misfeasance or nonfeasance takes place.
Part VI.—Three years.
37.—For compensation for obstructing a way or a watercourse.
1[Three years] The date of the obstruction.
38.—For compensation for diverting a water course.
1[Three years] The date of the diversion.
39.—For compensation for trespass upon immoveable property.
1[Three years]
The date of the trespass.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VI.—Three
years—contd.
40.—For compensation for infringing copyright or any other exclusive privilege.
1[Three years] The date of the infringement.
41.—To restrain waste .. 1[Three years] When the waste begins.
42.—For compensation for injury caused by an injunction wrongfully obtained.
1[Three years] When the injunction ceases.
43.—Under the 2[Succession Act, 1925 (XXXIX of 1925), section 360 or section 361,] to compel a refund by a person to whom an executor or administrator has paid a legacy or distributed assets.
1[Three years] The date of the payment or distribution.
44.—By a ward who has attained majority, to set aside a transfer or property by his guardian.
1[Three years] When the ward attains majority.
3 * * * * * * *
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2 Subs. by the Repealing and Amending Act, 1930 (8 of 1930), s.2 and First Sch., for “Indian Succession Act, 1865, section 320 or section 321, or under the Probate and Administration Act, 1881, section 139 or section 140”. 3 Articles 45 and 46 omitted by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
47.—By any person bound by an order respecting the possession of immoveable property made under the Code of Criminal Procedure, 1898 (V of 1898), 2* * * or by any one claiming under such person, to recover the property comprised in such order.
Part VI.—Three
yearscontd.
The date of the final order in the case.
48.—For specific moveable property lost or acquired by theft, or dishonest mis appropriation or conversion, or for compensation for wrongfully taking or detaining the same.
1[Three years] When the person having the right to be possession of the property first learns in whose possession it is.
3[48A.—To recover moveable property conveyed or bequeathed in trust, deposited or pawned, and afterwards bought from the trustee, depositary or pawnee for a valuable consideration.
1[Three years] When the sale becomes known to the plaintiff.
3[48B.—To set aside sale of moveable property comprised in a Hindu, Muhammadan or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration.
1[Three years] When the sale becomes known to the plaintiff.]
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2 The words, commas and figures “or the Mamlatdars’ Courts Act, 1906,” omitted by A.O., 1949. 3 Entries 48A and 48B ins. by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929), s.3.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VI.—Three years — contd.
49.—For other specific moveable property, or for compensation for wrongfully taking or injuring or wrongfully detaining the same.
1[Three years] When the property is wrongfully taken or injured, or when the detainer’s possession becomes unlawful.
50.—For the hired of animals, vehicles, boats or household furniture.
1[Three years] When the hire becomes payable.
51.—For the balance of money advanced in payment of goods to be delivered.
1[Three years] When the goods ought to be delivered.
252.—For the price of goods sold and delivered, where no fixed period of credit is agreed upon.
1[Three years] The date of the delivery of the goods.
253.—For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit.
1[Three years] When the period of credit expires.
54.—For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given.
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.
1[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 or payment.
1[Three years] When the work is done.
257.—For money payable for money lent.
1[Three years] When the loan is made.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2 For period of limitation for these and certain other suits in the Province of the Punjab, see the Punjab Loans Limitation Act, 1904 (Punjab 1 of 1904), and s.29 (1) (b) of this Act.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VI.—Three
years—contd.
58.—Like suit when the lender has given a cheque for the money.
1[Three years] When the cheque is paid.
259.—For money lent under an agreement that it shall be payable on demand.
1[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.
1[Three years] When the demand is made.
261.—For money payable to the plaintiff for money paid for the defendant.
1[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.
1[Three years] When the money is received.
263.—For money payable for interest upon money due from the defendant to the plaintiff.
1[Three years] When the interest becomes due.
264.—For money payable to the plaintiff for money found to be due from the defendant to the plaintiff on accounts stated between them.
1[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.
1[Three years] When the debt becomes payable.].
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2See footnote1 under article 52, supra. 3Articles 64A ins. by the Civil Procedure and Limitation (Amdt.) Ordinance, 1961 (9 of 1961), s.3.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VI.—Three
years—contd.
65.—For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency.
1[Three years] When the time specified arrives or the contingency happens.
266.—On a single bond, where a day is specified for payment.
1[Three years] The day so specified.
267.—On a single bond, where no such day is specified.
1[Three years] The date of executing the bond.
268.—On a bond subject to a condition.
1[Three years] When the condition is broken.
269.—On a bill of exchange or promissory note payable at a fixed time after date.
1[Three years] When the bill or note falls due.
270.—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.
271.—On a bill of exchange accepted payable at a particular place.
1[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.
1[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.
1[Three years] The date of the bill or note.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2 See footnote 1 under article 52, supra
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VI.—Three
years—contd.
74.—On a promissory note or bond payable by instalments.
1[Three years] The expiration of the first term of payment as to the part then payable; and for the other parts the expiration of the respective terms of payment.
75.—On a promissory note or bond payable by instalments, which provides that if default be made in payment of one or more instalments, the whole shall be due.
1[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 not such waiver.
276.—On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen.
1[Three years] The date of the delivery to the payee.
277.—On a dishonoured foreign bill where protest has been made and notice give.
1[Three years] When the notice is given.
278.—By the payee against the drawer of a bill of exchange which has been dishonoured by nonacceptance.
1[Three years] The date of the refusal to accept.
279.—By the acceptor of an accommodation – bill against the drawer.
1[Three years] When the acceptor pays the amount of the bill.
280.Suit on a bill of exchange, promissory note or bond not herein expressly provided for.
1[Three years] When the bill, note or bond becomes payable.
81.—By a surety against .. the principal debtor.
1[Three years] When the surety pays the creditor.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2 See footnote 1 under article 52, supra.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VI.—Three
years—contd.
82.—By a surety against a co surety.
1[Three years] When the surety pays any thing in excess of his own share.
83.—Upon any other contract to indemnify.
1[Three years] When the plaintiff is actually damnified.
84.—By an attorney or vakil for his cost of a suit or a particular business, there being no express agreement as to the time when such costs are to be paid.
1[Three years] The date of the termination of the suit or business, or (Where the attorney or vakil property
85.—For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties.
1[Three years] discontinues the suit or business) the date of such discontinuance.
86.—2[(a) On a policy of insurance when the sum insured in payable after proof of the death has been given to or received by the insurers.
(b) On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers.]
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.
2[(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.
1[Three years] When the insurers elect to avoid the policy.
88.—Against a factor for an account.
1[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.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2 Subs. for the original entry, by s. 122 of the Insurance Act, 1938 ( 4 of 1938), as a mended by the Insurance (Amdt.) Act, 1941 (13 of 1941), s. 68.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VI.—Three
years—contd.
89.—By a principal against his agent for moveable property received by the latter and not accounted for.
1[Three years] Ditto.
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.
1[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.
1[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.
1[Three years] The date of the attempt.
94.—For property which the plaintiff has conveyed while insane.
1[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.
1[Three years] When the fraud becomes known to the party wronged.
96.—For relief on the ground of mistake.
1[Three years] When the mistake becomes known to the plaintiff.
97.—For money paid upon an existing consideration which afterwards fails.
1[Three years]
The date of the failure.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VI.—Three
years—contd.
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 cosharers.
1[Three years] The date of the payment in excess of the plaintiff’s own share.
100.—By a cotrustee to enforce against the estate of a deceased trustee a claim for contribution.
1[Three years] When the right to contribution accrues.
101.—For a seaman’s wages. 1[Three years] The end of the voyage during which the wages are earned.
102.—For wages not other wise expressly provided for by this schedule.
1[Three years] When the wages accrue due.
103.—By a 2[Muslim] for exigible dower (mu’ ajjal).
1[Three years]
When the dower is demanded and refused or (where, during the continuance of the marriage to such demand has been made, when the marriage is dissolved by death or divorce.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VI.—Three
years—contd.
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.
2[Three years] When the mortgagor reenters on the mortgaged property.
106.—For an account and a share of the profits of a dissolved partnership.
2[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.
2[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.
2[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.
2[Three years] When the profits are received.
110.—For arrears of rent .. 2[Three years] When the arrears become due.
111.—By a vendor of immoveable property for personal payment of unpaid purchase money.
2[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.
112.—For a call by a company registered under any Statute or Act.
2[Three years] When the call is payable.
1Subs. by F.A.O., 1975 Art.2 and Table, for “Muhammadan”. 2Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VI.—Three
years—contd.
113.—For specific performance of a contract.
1[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.
1[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.
1[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.
1[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 (V of 1908).
1[Six years] The date of the judgment.
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.
1[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.
1[Six years] When the right to sue accrues.
Part VIII— Twelve years.
121.—To avoid incumbrances or undertenures in an entire estate
1[Three years] When the sale becomes final and conclusive.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
sold for arrears of Government revenue, or in a patni taluq or other saleable tenure sold for arrears of rent.
Part VIII.—contd. Twelve years
122.—Upon a judgment obtained in 1[Pakistan], or a recognizance.
2[Twelve years] The date of the judgment or recognizance.
123.—For a legacy or for a share of a residue bequeathed by a testator, or for a distributive share of the property of an intestate.
2[Twelve years] When the legacy or share becomes payable or deliverable.
124.—For possession of an hereditary office.
2[Twelve years] When the defendant takes possession of the office adversely to the plaintiff. Explanation.—An hereditary office is possessed when the profits thereof are usually received, or (if there are no profits) when the duties thereof are usually performed.
125.—Suit during the life of a Hindu or 3[Muslim] female by a Hindu or 3[Muslim] who, if the female died at the date of instituting the suit, would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void except for here life or until her remarriage.
2[Twelve years] The date of the alienation.
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch, (with effect from the 14th October, 1955), for “the Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”. 2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VIII.—
Twelve
Years—contd.
126.—By a Hindu governed by the law of the Mitakshara to set aside his father’s alienation of ancestral property.
1[Twelve years] When the alience takes possession of the property.
127.—By a person excluded from joint family property to enforce a right to share therein.
1[Twelve years] When the exclusion becomes known to the plaintiff.
128.—By a Hindu for arrears of maintenance.
1[Twelve years] When the arrears are payable.
129.—By a Hindu for a declaration of his right to maintenance.
1[Twelve years] When the right is denied.
130.—For the resumption or assessment of rentfree land.
1[Twelve years] When the right to resume or assess the land first accrues.
131.—To establish 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 allowance and fees respectively called malikana and haqqs, and
(b) the value of any agricultural or other produce the right to receive which is secured by a charge upon immoveable property, 3[and
1[Twelve years]
When the money sued for becomes due.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2 Subs. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s.4 (1), for the original Explanation. 3 Ins. by the Transfer of Property (Amdt.) Supplementary Act, 1929 (21 of 1929) s. 9.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VIII.—
Twelve
Years—contd.
(c) advances secured by mortgage by deposit of title deeds],
shall be deemed to be money charged upon immoveable property.],
1* * * * * * *
134.—To recover possession of immoveable property conveyed or bequeathed in trust or mortgaged and afterwards transferred by the trustee or mortgagee for a valuable consideration.
2[Twelve years] 3[When the transfer becomes known to the plaintiff.]
4[134A.—To set aside a transfer of immoveable property comprised in a Hindu, 5[Muslim] or Buddhist religious or charitable endowment, made by a manager thereof for a valuable consideration.
2[Twelve years] When the transfer becomes known to the plaintiff.
134B.—By the manager of a Hindu, 5[Muslim] or Buddhist religious or charitable endowment to recover possession of immoveable property comprised in the endowment which has been transferred by a previous manager for valuable consideration.
2[Twelve years] The death, resignation or removal of the transferor.
1 Article 133 omitted by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929), s.3. 2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 3 Subs. by Act 1 of 1929, s.3, for “the date of the transfer”. 4 Articles 134A, 134B and 134C, ins. by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929), s.3. 5 Subs. by F.A.O., 1975, Art.2 and Table, for “Muhammadan”.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VIII.—
Twelve
Years—contd.
134C.—By the manager of a Hindu, 1[Muslim] or Buddhist religious or charitable endowment to recover possession of moveable property comprised in the endowment which has been sold by a previous manager for a valuable consideration.
3[Twelve years] The death, a resignation or removal of the seller.]
135.—Suit instituted in a Court 2[other than a High Court] by a mortgage for possession of immoveable property mortgaged.
3[Twelve years] When the mortgage’s right to possession determine.
136.—By a purchaser at a private sale for possession of immoveable property sold when the vendor was out of possession at the date of the sale.
3[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 at the date of the sale.
3[Twelve years] When the judgmentdebtor is first entitled to possession.
138.—Like suit by a purchaser at a sale in execution of a decree, when the judgment debtor was in possession at the date of the sale.
3[Twelve years] The date when the sale becomes absolute.
139.—By a landlord to recover possession from a tenant.
3[Twelve years] When the tenancy is determined.
1 Subs. by F.A.O, 1975, Art. 2 and Table, for “Muhammadan”. 2 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3 and 2nd Sch., for “not established by Royal Charterl” (with effect from the 14th October, 1955). 3 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VIII.—
Twelve
Years—contd.
140.—By a remainderman, a reversioner (other than a landlord) or a devisee, for possession of immoveable property.
1[Twelve years] When his estate falls into possession.
141.—Like suits by a Hindu or 2[Muslim] entitled to the possession of immoveable property on the death of a Hindu or 2[Muslim] female.
1[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.
1[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.
1[Twelve years] When the forfeiture is incurred or the condition is broken.
3* * *
Part IX.—
Thirty years.
145.—Against a depositary or pawnee to recover
Thirty years The date of the deposit or pawn.
1 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”. 3 Omitted by Act. II of 1995, s.3.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
moveable property deposited or pawned.
Part IX.—Thirty
Years.—contd.
146.— Before a 1[High Court] in the exercise of its ordinary original civil jurisdiction by a mortgagee to recover from the mortgage the possession of immoveable property mortgaged.
2[Thirty years] When any part of the principal or interest was last paid on account of the mortgagedebt.
146A.—By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession.
2[Thirty years] The date of the dispossession or discontinuance.
Part X.—Sixty
years.
147.—By a mortgage for foreclosure or sale.
2[Sixty years] When the money secured by the mortgage becomes due.
148.—Against a mortgagee to redeem or to recover possession of immoveable property mortgaged.
2[Sixty years] When the right to redeem or to recover possession accrues :
Provided that all claims to redeem arising under instruments of mortgage
1Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. for “Court established by Royal Charter” (with effect from the 14th October, 1955). 2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
THE FIRST SCHEDULE.—contd. FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part X.—
Sixty
Years—contd.
of immoveable property situate in Lower, Burma which had been executed before the first day of May, 1863, shall be governed by the rules of limitation in force in that Province immediately before the same day.
149.—1[Any suit by or on behalf of the 3[Federal Government] or any [Provincial Government] 4[except a suit before the 5[Supreme Court] in the exercise of its original jurisdiction].
2[Sixty years] ..
When the period of limitation would begin to run under this Act against a like suit by a private person.
SECOND DIVISION : APPEALS
Description of Appeal. Period of limitation. Time from which period begins to run.
150.—Under the Code of Criminal Procedure, 1898 (V of 1898, from a sentence of death passed by a Court of Session 6[or by a High Court in the exercise of its original Criminal Jurisdiction].
Seven day .. The date of the sentence.
1 The original words “Any suit by or on behalf of the Secretary of State for India in Council,” have successively been amended by A.O., 1937, and A.O., 1949, to read as above. 2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 3 Subs. by F.A.O., 1975, Art. 2 and Table, for “Central Government”. 4 Ins. by the Indian Limitation (Amdt.) Act, 1937 (14 of 1937), s.2. 5 Subs. by A.O., 1961, Art. 2 and Sch., for “Federal Court” (with effect from the 23rd March, 1956). 6 Added by the Criminal Procedure Amdt. Act, 1943 (26 of 1943), s.8.
THE FIRST SCHEDULE.—contd. SECOND DIVISION : APPEALS—contd.
Description of Appeal. Period of limitation. Time from which period beings to run. 1* * * * * * *
151.— From a decree or order of 2[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 (V of 1908), 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 4[the Supreme Court.]
3[Thirty days] The date of the order.
154.—Under the Code of Criminal Procedure, 1898 (V of 1898), to any Court other than a High Court.
3[Thirty years] The date of the sentence or order appealed from.
155.—Under the same Code to a High Court, except in the cases provided for by article 150 and article 157.
Sixty days .. The date of the sentence or order appealed from.
1Article 150A which was inserted by the Criminal Law Amdt. Act, 1923 (12 of 1923), s. 42 has been omitted by the Criminal law (Extinction of Discriminatory Privileges) Act, 1949 (2 of 1950), s.2 and Sch. 2 The original words “any of the High Courts of Judicature at Fort William, Madras and Bombay or the Chief Court of the Punjab or the Chief Court of Lower Burma” have successively been amended by the Repealing and Amending Act, 1930 (8 of 1930), A.O., 1937, A.O., 1949 and the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above. 3 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”. 4 Subs. by .A.O., 1961, Art. 2 and Sch., for “His Majesty in Council” (with effect from the 23rd March, 1956).
THE FIRST SCHEDULE.—contd. SECOND DIVISION : APPEALS—contd.
Description of Appeal. Period of limitation. Time from which period beings to run.
156.— Under the Code of Civil Procedure, 1908 (V of 1908), to a High Court, except in the cases provided for by article 151 and article 153.
Ninety days .. The date of the decree or order appealed from.
157.— Under the Code of Criminal Procedure, 1898 (V of 1898), from an order of acquittal.
Six months .. The date of the order appealed from.
THIRD DIVISION : APPLICATIONS.
Description of application. Period of limitation. Time from which period begins to run. 1[158.—Under the Arbitration Act, 1940 (X of 1940), to set aside an award or to get an award remitted for reconsideration.
Thirty days .. The date of service of the notice offilling of the award.]
159.— For leave to appear and defend a suit under summary procedure referred to in section 128 (2)(f) 2[or under Order XXXVII] of the 3[Code of Civil Procedure, 1908 (V of 1908)].
4[Ten days] .. When the summons in served.
160.— For an order under the same Code, to restore to the file an application for review
Fifteen days .. When the application for review isrejected.
1Subs. (from the 1st July, 1940) by the Arbitration Act, 1940 (10 of 1940), s. 49 (2) and Fourth Sch., for Art. 158 which was previously amended by the Repealing and Amending Act, 1919 (18 of 1919), s.2 and First Sch. 2 Ins. by the Indian Limitation (Amdt.) Act, 1925 ( 30 of 1925), s.3 3 Subs. by Act 10 of 1940, Fourth Sch., for “same Code” (from 1st July, 1940). 4 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
THE FIRST SCHEDULE.—contd. THIRD DIVISION : APPLICATIONS—contd.
Description of application. Period of limitation. Time from which period beings to run.
rejected in consequence of the failure of the applicant to appear when the application was called on for hearing.
161.— For a review of judgment by a 1* Court of Small Causes 2* * * or by a Court invested with the jurisdiction of a 1* Court of Small Causes when exercising that jurisdiction.
3[Fifteen days] The date of the decree or order.
162.— For a review of judgment by 4[a High
Twenty days The date of the decree or order.
1The word “provincial” omitted by the Berar Laws Act, 1941 (4 of 1941), s.2 and Third Sch. (with effect from the 1st August, 1941). 2 The parentheses and words “(other than Presidency Small Cause Court)” which were ins. ibid. (with effect from the 1st August, 1941), have been omitted by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.3 and Second Sch. 3 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and 1st Sch., for “Ditto”. 4Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “any of *[the following Courts, namely] the †[High Court of East Bengal, the High Court, at Lahore] and the Chief Court of Sind”.* Ins. by the Repealing and Amending Act, 1927 (10 of 1927), s.2 and First Sch. *The original words were “High Courts of Judicature at Fort William, Madras, and Bombay or the Chief Court of the Punjab or the Chief Court of Lower Burma”. The Sind Courts (Supplementary) Act, 1926 (34 of 1926) which was to come into force on the commencement of the Sind Courts Act, 1926 (Bom. 7 of 1926), directed the insertion of the words “or the Chief Court of Sind” after the word “Bombay”. Though this amendment had not come into force the words “Bombay, Lahore and Rangoon and the Chief Court of Sind” were subs. for the words “and Bombay or the Chief Court of Sind or the Chief Court of the Punjab or the Chief Court of Lower Burma” by Act 10 of 1927, s.2 and First Sch. for the words “Lahore and Rangoon”.
THE FIRST SCHEDULE.—contd.
THIRD DIVISION : APPLICATIONS—contd.
Description of application. Period of limitation. Time from which period beings to run.
Court] in the exercise of its original jurisdiction.
1* * * * * * *
163.— By a plaintiff, for an order to set aside a dismissal for default of appearance or for failure to pay costs of service of process or to furnish security for costs.
Thirty days .. The date of the dismissal.
164.— By a defendant, for an order to set aside a decree passed ex parte.
2[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 (V of 1908) by a person dispossessed of immoveable property and disputing the right of the decree holder or purchaser at a sale in execution of a decree to be put into possession.
2[Thirty days] ..
The date of the dispossession.
the words “Lahore, Rangoon and Nagpur” were subs. by the C.P. Courts (Supplementary) Act, 1935 (8 of 1935), s.2 and Sch., and the word “Rangoon” was omitted by A.O., 1937. Lastly A.O., 1949, substituted “High Courts of Judicature at Fort William, Madras, Bombay, Lahore and Nagpur” by “High Court of East Bengal, the High Court at Lahore”. 1Article 162A as ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s.5 has been omitted by the Limitation (Amdt.) Act, 1965, (11 of 1965), s.2. 2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and Firstt Sch., for “Ditto”.
THE FIRST SCHEDULE.—contd. THIRD DIVISION : APPLICATION—contd.
Description of application. Period of limitation. Time from which period beings to run.
166.— Under the same Code to set aside a sale in execution of a decree 1[including any such application by a Judgment debtor.]
2[Thirty days] .. The date of the sale.
167.— Complaining of resistance or obstruction to delivery of possession of immoveable property decreed or sold in execution of a decree.
2[Thirty days] .. The date of the resistance or obstruction.
168.— For the readmission of an appeal dismissed for want of prosecution.
2[Thirty days] .. The date of the dismissal.
169.— For the rehearing of an appeal heard ex parte.
2[Thirty days] .. The date of the decree in appeal, or, where notice of the appeal was not duly served, when the applicant has knowledge of the decree.
170.— For leave to appeal as a pauper.
2[Thirty days] .. 4[The date of the order or judgment]
171.— Under the Code of Civil Procedure, 1908 (V of 1908), 3[by the legal representative of a deceased plaintiff or defendant for setting aside an order or Judgment made or pronounced in his absence].
Sixty days .. The date of the order of dismissal.
172.— Under the same Code by the assignee or the receiver of an insolvent plaintiff or appellant for an order to set aside the dismissal of a suit or an appeal.
2[Sixty days] ..
1Ins. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s.4 (2). 2 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First, Sch., for “Ditto”. 3 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “an order to set aside an abatement”. 4 Subs. ibid., s.2 and Sch., for “the date of the abatement”.
THE FIRST SCHEDULE.—contd.
THIRD DIVISION : APPLICATIONS ___contd.
Description of application. Period of limitation. Time from which period beings to run.
173.— For a review of judgment except in the cases provided for by article 161 and article 162.
Ninety days .. The date of the decree or order.
174.— For the issue of a notice under the same Code, to show cause why any payment made out of Court of any money payable under a decree or any adjustment of the decree should not be recorded as certified.
1[Ninety days] When the payment or adjustment is made.
175.— For payment of the amount of a decree by installments.
Six months .. The date of the decree.
176.— Under the same Code to have the legal representative of a deceased plaintiff or of a deceased appellant made a party.
2[Ninety days] The date of the death of the deceased plaintiff or appellant.
177.— Under the same Code to have the legal representative of a deceased defendant or of a deceased respondent made a party.
1[Ninety days] The date of the death of the deceased defendant or respondent.
3[178.—Under the Arbitration Act, 1940 (X of 1940), for the filling in Court of an award.
Ninety days .. The date of service of the notice of making of the award].
1Subs. by the Repealing and Amending Act, 1923 (11 of 1923), for “Ditto”. 2 Subs. by the Indian Limitation and Code of Civil Procedure (Amdt.) Act, 1920 (26 of 1920), s.2, for “Ditto”. 3 Subs. by the Arbitration Act, 1940 (10 of 1940), Fourth Sch., for the original Art. 178 (with effect from the 1st July, 1940).
THE FIRST SCHEDULE.—contd. THIRD DIVISION : APPLICATION—contd.
Description of application. Period of limitation. Time from which period beings to run.
179.— By a person desiring to appeal under the 1[Code of Civil Procedure, 1908 (V of 1908)] to 2[the Supreme Court] for leave to appeal.
3[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.
181.— Applications for which no period of limitation is provided elsewhere in this schedule or by section 48 of the Code of Civil Procedure, 1908 ( V of 1908).
4[Three years] When the right to apply accrues.
5* * * * * * *
183.— To enforce a judgment, decree or order of any 6[High Court] in the exercise of its ordinary original civil jurisdiction, or an
7[Six years] .. When a present right to enforce the judgment, decree or order accrues to some person capable of releasing the right :
1Subs. by the Arbitration Act, 1940 (10 of 1940), Fourth Sch., for “same Code” (with effect from the 1st July, 1940). 2 Subs. by A.O., 1961, Art. 2 and Sch. for “His Majesty in Council” (with effect from the 23rd March, 1956). 3 Subs. by the Indian Limitation and Code of Civil Procedure (Amdt.) Act, 1920 (26 of 1920), s.2, for “Ditto”. 4 Subs. by the Repealing and Amending Act, 1923 (11 of 1923), for “Ditto”. 5 Article 182 omitted by the Law Reforms Ordinance, 1972 (12 of 1972) s.2 and Sch., which was previously amended by Ord. 43 of 1962, s.5. 6 Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. for “Court established by Royal Charter” (with effect from the 14th October, 1955). 7 Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “Twelve years”.
THE FIRST SCHEDULE.—contd. THIRD DIVISION : APPLICATION—contd.
Description of application. Period of limitation. Time from which period beings to run.
order of 1[the supreme Court].
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.
THE SECOND SCHEDULE.—[TERRITORIES REFERRED TO IN SECTION 31.] Rep. by the Repealing and Amending Act, 1930 (VIII of 1930), s.3 and Second Schedule.
_____
THE THIRD SCHEDULE.—[ENACTMENTS REPEALED.]
Rep. by the Second Repealing and Amending Act, 1914 (XVII of 1914),
s.3 and Second Schedule.
____
1 Subs. by F.A.O. 1961, Art. 2 and Sch., for “His Majesty in Council” (with effect from the 23rd March, 1956).
