The Limitation Act, 1908

• The Limitation Act No. IX of 1908, consolidates and amends laws regarding the limitation of suits.
• It addresses appeals, certain applications to courts, and the acquisition of ownership of easements and properties.

Short Title, Extent and Commencement

• The Act is titled The Limitation Act, 1908.
• It extends to the whole of Pakistan.
• Section 31 came into force immediately.
• The rest of the Act came into force on January 1, 1909.

Definitions

• "Applicant" includes anyone from or through whom an applicant derives their right to apply.
• "Bill of exchange" holds the same definition as in section 5 of the Negotiable Instruments Act, 1881, also including a Hundi and a Cheque.
• "Bond" covers any instrument where a person obliges to pay money to another, with the obligation voided upon performing or not performing a specific act.
• "Defendant" encompasses individuals from or through whom a defendant derives their liability to be sued.
• "Easement" includes a non-contractual right allowing a person to remove and use for profit any part of another's soil.
• "Foreign country" refers to any country other than Pakistan.
• "Good faith" requires due care and attention in actions.
• "Plaintiff" includes any person through whom a plaintiff derives the right to sue.
• "Promissory note" shares the same meaning as in the Negotiable Instruments Act, 1881.
• "Suit" excludes appeals or applications.
• "Trustee" excludes a Benamidar, a mortgagee in possession after mortgage satisfaction, or a wrong-doer in possession without title.

Limitation of Suits, Appeals and Applications

• Suits, appeals, or applications made after the limitation period prescribed by the First Schedule must be dismissed, even without a defense based on limitation.
• A suit is instituted when the plaint is presented to the proper officer, when a pauper's application for leave to sue is made, or when a claim is sent to the official liquidator in cases against a company being wound up.
• If the period of limitation expires on a day the Court is closed, any suit, appeal, or application may be instituted, preferred, or made the day the Court re-opens.
• Any appeal or application for revision, review of judgment, leave to appeal, or other applicable application may be admitted after the limitation period if the appellant or applicant demonstrates sufficient cause for the delay.
• Misleading orders, practices, or judgments of the High Court in computing limitation may be sufficient cause for extending the period.
• If a person entitled to institute a suit or make a decree execution application is a minor, insane, or an idiot when the limitation period begins, they may do so within the same period after the disability ceases.
• If the disability continues until the person's death, their legal representative may institute the suit or make the application within the same period after the death.
• If a representative is affected by any such disability at the time of the death, the rules for disabled plaintiffs/applicants apply.

Disability of One of Several Plaintiffs or Applicants

• If one of several jointly entitled individuals is under disability, any discharge must have the concurrence of such person, such will run against them all.
• If no discharge can be given without their concurrence, time will not run against any of them until they can give discharge or the disability has ceased.
• Special exceptions does apply to suits enforcing rights of pre-emption.
• Further extends for more than 3 years from disability cessation/death, the period within which a suit/application must be made.
• Continuous running of time starts when no subsequent disability//inability to sue stops it.
• If administration letters to a creditor's estate are granted to his debtor, the time for the debt recovery suit is suspended while the administration continues.
• Suits against express trustees and their representatives has no suit barred against the individual if the property become vested in trust for a particular purpose.

Suits on Foreign contracts

• Suits in Pakistan on contracts from foreign countries adhere to this Act's limitation rules.
• A foreign rule of limitation cant be a defense to its suit in Pakistan, however; unless the rule extinguished the contract and the parties were domiciled there when the rule prescribed it.

Exclusion of Time in Legal Proceedings

• The day from which the timeline of legal proceedings should exclude prescribed period in any is to be reckoned.
• For computing limitation of time in judgment, appeal or review- the time requisite for obtaining the decree, sentence or order shall be excluded.
• The time must be excluded where decree is appealed // sought to be reviewed w/ time requirement to obtain the copy of its judgment.
• Computing for the time to an award being set aside- time needed to obtain the awarded copy be excluded.
• It is deemed that the time is Intervening from the day on which the copy application is made/day of intimation on getting the copy delivered.
• Computing in any suit by the time during which the defendant has been in absence from Pakistan//territories under federal government administration is excluded.
• Computing with proper diligence whether in court// appeal w/ plaintiff prosecution- time should be excluded/where the proceedings founded for jurisdiction's sake cannot entertain it.
• Note here excluding time for former suit day of institution/end should be counted
• Plantiff resisting an appeal is "prosecuting a proceeding"
• Misjoinder of parties is causes of action is like nature w/ Defect of Jurisdiction.
• Computing with the limit prescribed for suit// application of decree execution, institution of it, is continued on day injunction//order for it; that continues to be excluded.
• Computing when notice is given in enactment- the period shall be excluded
• To set aside the sale prescribed time with proceeding for purchaser possession is excluded which is prosecuted.
• Where there would be a right to sue before death// application- dies before accrues then its Legal Reps institute.
• Where such rights have accrued to persons before accrues- limitation is computed from when legal reps have the right to make an application of the person.
• Fraud= fraud keeps person kept from instating//title which its founded includes fraudulent document/concealed them or has had the institute.
• Action against guity party is valid and time will tell when knowledge of injuriously affect become produced.

Effect of Acknowledgment in Writing

• Before suit limitation has expired- there is an acknowledgement in respect to claim property//title, its a fresh period that should be computed when so signed.
• writing doesnt have oral evidence// is undated shall be evidence, so act in evidence must be subject provisions.
• Acknowledge may omit specs// natures like hasnt yet come and must be refusal to deliver and must address it.
• Signed: Authorized person//agent behalf on which its made.
• application will also be in respect for right.