Last Updated: Monday November 10, 2008
The Limitation Act, 1908
(
Act No. IX of 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 application 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
(3) This section and section 31 shall come into force at
once. The rest of this Act shall come into force on the first day of January, 1909.
2. DEFINITIONS. In
this Act, unless there is anything repugnant in the subject or context,-
(1) "applicant" includes any person
from or through whom an applicant derives has right to apply :
(2) "bill of exchange" 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 used :
(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 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 use;
(9) "promissory note" means any instrument
whereby the maker engages absolutely to pay a specified sum of money to another
at a time therein limited, or on demand, or at sight :
(10) "suit" does not include an
appeal or an application : and
(11) "trustee" does not include a
benamdar, a mortagagee remaining in possession after the mortgage has been
satisfied or a wrong doer in possession without title.
PART II
LIMITATION OF SUITS, APPEALS AND APPLICATION
3. DISMISSAL OF SUITS, ETC., INSTITUTED, ETC., AFTER PERIOD
OF LIMITATION -Subject to the provisions
contained in section 4 to 25 inclusive), every suit instituted, appeal
preferred, and application made, after the period of limitation prescribed
thereof 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 application to which this may be
made applicable 5[by or under any enactment] for the time being in force may be
admitted after the period of limitation prescribed thereof, 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 6[Division] in ascertaining or computing the
prescribed period of limitation may be sufficient cause within the meaning of
this section.
6. LEGAL DISABILITY.-
(1) Where a person entitled to institute a suit 9[or proceeding] or make an
application for the execurtive 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 9[or proceeding] or make the application within the
same period after the disability, as would otherwise have been allowed from the
time prescribed thereof in the third column of the first schedule 10[or in
section 48 of the code of Civil Procedure, 1 08 (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
disability have ceased, as would otherwise have been allowed from the time so
prescribed.
(3)Where the disability continues to 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.
7. DISABILITY OF ALONE OF SEVERAL PLAINTIFFS OR APPLICANT.-
Where one of several person jointly
entitled to institute a suit 12[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 ben 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 other or until the disability has ceased.
8. SPECIAL EXCEPTIONS.- Nothing
in section 6 or in section 7 applies to suits to enforce rights of
pre-emption, or shall be deemed to extend for more than three years from the
cessation of the disability or the death of the person affected thereby, the
period within which any suit must be instituted or application
made.
9. CONTINUOUS RUNNING OF TIME.- Where once time has begun to run no subsequent
disability 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
herein before 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.
14[For the purpose of this section any property
comprised in a Hindu, 15[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 trusted thereof.]
11. SUITS ON FOREIGN CONTRACTS- (1) Suits instituted in 16 [
(2) No foreign rule of limitation shall be a defense
to a suit instituted in 16[
PART III
COMPUTATION OF PERIOD OF LIMITATION
12. EXCLUSIVE OF TIME IN LEGAL PROCEEDINGS.-(1) In computing the period of limitation prescribed for
any suit, appeal of 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.
13. EXCLUSION OF TIME OF DEFENDANT'S 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 16[Bangladesh)
and from the territories beyond 16[Bangladesh] under the
administration of 17 [Government] 16 ** shall be
excluded.
14. EXCLUSION OF TIME OF PROCEEDING BONAFIED IN COURT
WITHOUT JURISDICTION. - 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 the proceeding is founded upon the
dame cause of action and is prosecuted in good faith in a Court
which, from defect 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 defendant, shall
be excluded, where the proceeding prosecuted in good faith in Court which, from
defect of jurisdiction, or other cause of a lime nature, is unable
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 in-stituted 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 parties or of causes of
section shall be deemed to be prosecuting a proceeding.
Explanation III.-
For the purpose of this section misjoinder of parties or of causes of section
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 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 purchase 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 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 re-presentative of the deceased capable of instituting or
making such 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 or application.
(3) Nothing in sub-section (1) and (2) applies to suits to
enforce rights of pre-emption or to suit for the possession of
immovable 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 claming through him other wise than
in good faith and for a valuable consideration, shall be computed from the time
when the fraud first because know is 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 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 provision of the Evidence Act 1872 (1 to 1872), oral
evidence or ts contents shall not be received.
Explanation I.-
For the purposes of this section an acknowledgment may be sufficient though it
omit 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 purpose of this section an application for the execution of a
decree or order is an application in respect of right.
20. EFFECT OF PAYMENT ON ACCOUNT OF DEBT OR OF INTEREST ON
LEGACY.- 19(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 authorized agent, a fresh period of limitation shall be computed from the
time when the payment was made:---
20[Provided that, save in the case of a payment of interest
made before the 1st day of January, 1928, an acknowledgment of the payment
appears in the handwriting of, such land shall be deemed to be a payment for
the purpose of sub-section (1).
(2) EFFECT OF RECEIPT OF PRODUCE OF MORTGAGED LAND.
Where mortgaged land is in the possession of the mortgaged, the receipt of
the rent of produce of such land shall be deemed to be a payment for the
purpose of sub-section (1).
Explanation.- Debt
includes money payable under a decree or order of Court.
21. AGENT OF PERSON UNDER DISABILITY.-(1) The expression "agent duly authorized in
his behalf" in section 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.
(2) ACKNOWLEDGMENT OR PAYMENT BY ONE OF SEVERAL JOINT
CONTRACTORS, ETC. Nothing in the said section 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 other of them
1.[(2)] For the purposes or said sections,---
(a) an acknowledgment signed, or a payment made in respect
of any liability, by, or by the duly authorized agent of. any widow or
other limited owner of property who is governed by the Hindu law, shall 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 of payment made by, or
by the duly authorized agent of, the manager of the family of 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
institute 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 is sub-section (1) Shall apply to a case where
a party is added or substituted owing to an assignment or devolution of
any interest during the pendency of a suit or where a plaintiff is made a
defendant or a defendant is made a plaintiff.
23. CONTINUING BREACHED 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 to every moment of the time during which the breach or
the wrong, as the case may be continues.
24. SUIT FOR COMPENSATION FOR ACT 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 result.
25. COMPUTATION OF THE MENTIONED IN INSTRUMENTS,- All instruments shall, for the purpose of this
Act, be deemed to be made with reference to the Gregorian calendar.
PART IV
ACQUISITION OF OWNERSHIP BY POSSESSION
26. ACQUISITION OF RIGHT TO BASEMENTS - (1) Where is 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 assess and use of light
or air, way, watercourse, use of water, or other easement shall be absolute and
indefeasible.
(2) Each of the said periods of twenty years shall be taken
to be a period ending within two year next before the institute of the
suit wherein the claim to which such period relates is contested.
(2) Where the property over which a right is claimed
under subsection (1) belongs to [the Government], the 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.
27. EXCLUSION IN FAVOUR OF REVERSIONER OF REVERSIONER- 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 there 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.
28. EXTINGUISHMENT OF RIGHT TO PROPERTY.-At the determination of the period hereby limited to any
person for instituting a suit for Possession of any property, his right to
such property shall be extinguished.
29. SAVINGS-1(1) Nothing
in this Act shall affect section 25 of the Contract Act, 1872 (IX of
1872.)
(2) Where any special prescribes law for any suit or
application a period of limitation different from the
period prescribed therefore by the first schedule, the
provisions of section 3 shall apply, as if such period were
prescribed therefore 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 provision contained in section 4, sections 9 to 18,
and section 22 shall apply only in so far as, and to the extend to which,
they are not expressly excluded by such special law; and
(b) the remaining provisions of this Act shall not
apply.
[(3)] Nothing in this Act shall apply to suit under the
Divorce Act (VI of 1969).
(4) Section 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.
Secs. 30 and 31
[Provision for suits for which the period prescribed is shorter than that
prescribed by the India Limitation Act, 1877. Provision for suits by certain
mortgagees in territories mentioned in the Second Schedule.] Rep. by
Repealing and Amending Act, 1930 (VIII of 1930), s. 3 and Second Schedule.
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