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THE LIMITATION ACT, 1908
CONTENTS
PART I
PRELEMINARY
1. Short title, extent and commencement
2. Definitions
PART II
LIMITATION OF SUITS, APPEALS AND APPLICATIONS
3. Dismissal of suits, etc., instituted, etc., after period of limitation
4. Where Court is closed when period expires
5. Extension of period in certain cases
6. Legal disability
7. Disability of one of several plaintiffs or applicants
8. Special exceptions
9. Continuous running of time
10. Suits against express trustees and their representatives
11. Suits on foreign contracts
PART III
COMPUTATION OF PERIOD OF LIMITATION
12. Exclusion of time in legal proceedings
13. Exclusion of time of defendants, absence from Pakistan and certain other territories
14. Exclusion of time of proceeding bona fide in Court without jurisdiction
15. Exclusion of time during which proceedings are suspended
Page 1 of 47
16. Exclusion of time during which proceedings to set aside execution-sale are pending
17. Effect of death before right to sue accrues
18. Effect of fraud
19. Effect of acknowledgment in writing
20. Effect of payment on account of debt or of interest on legacy.
Effect of receipt of produce of mortgaged land
21. Agent of person under disability
Acknowledgement or payment by one of several joint contractors, etc
22. Effect of substituting or adding new plaintiff or defendant
23. Continuing breaches and wrongs
24. Suit for compensation for act not actionable without special Damage
25. Computation of time mentioned in instruments
PART IV
ACQUISITION OF OWNERSHIP BY POSSESSION
26. Acquisition of right to easements
27. Exclusion in favour of reversioner of servient tenement
28. Extinguishment of right to property [omitted]
Part V
SAVING AND REPEALS
29. Savings
30. [Repealed.]
to 32.
THE FIRST SCHEDULE
LIMITATION
THE SECOND AND THIRD SCHEDULES
[Repealed.]
Page 2 of 47
THE LIMITATION ACT, 1908
1
ACT 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.
2. Definitions. In this Act, unless there is anything repugnant in the subject or context,
(1) “applicant” includes any person from or through whom an applicant derives his right
to apply:
4
[(2) “bill of exchange” has the same meaning as in section 5 of the Negotiable Instruments
Act, 1881 (XXVI of 1881), and includes a hundi and a cheque,]
(3) “bond” includes any instrument whereby a person obliges himself to pay money to
another on condition that the obligation shall be void if a specified act is performed,
or is not performed, as the case may be :
1
For Statement of Objects and Reasons, see Gazette of India, 1908, Pt. V, p. 22 ; for Report of the Select Committee, see ibid., 1908, Pt. V, p. 223 ; and
for Proceedings in Council, see ibid., 1908, Pt. VI, pp. 2, 13, 37 and 145.
The Act has been declared to be in force in Baluchistan by the British Baluchistan Laws Regulation, 1913 (2 of 1913), s. 3.
It has also been extended to the Leased Areas of Baluchistan, see the Leased Areas (Laws) Order, 1950 (G.G.O. 3 of 1950), and applied in the
Federated Areas of Baluchistan, see Gazette of India, 1937, Pt. I, p. 1499.
It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.W.F.P., see N.W.F.P. (Upper
Tanawal) (Excluded Area) Laws Regulation, 1950.
It has also been extended to the Excluded Area of Upper Tanawal other than Phulera by the N.W.F.P. (Upper Tanawal) (Excluded Area) Laws
Regulation, 1950 and declared to be in force in that area with effect from the 1st June, 1951, see N.W.F.P. Gazette, Ext., dated the 1st June, 1951.
The Act, as inforce in the North West Frontier Province immediately before the commencement of N.W.F.P. Regulation No. II of 1974, has been
applied to the Provincially Administered Tribal Areas of Chitral, Dir, Kalam, Swat, and Malakand Protected Area, by N.W.F.P. Regulation No. II of
1974, s. 3.
2
The word “Indian” omitted by A. O., 1949.
3
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s. 3. and 2 nd Sch. (with effect from the 14th October 1955), for the original
sub-section (2) as amended by A. O., 1949 .
4
Subs. by the Limitation (Amdt.) Ordinance, 1980 (62 of 1980), s. 2, for the original clause (2).
Page 3 of 47
(4) “defendant” includes any person from or through whom a defendant derives his
liability to be sued:
(5) “easement” includes a right not arising from contract, by which one person is entitled
to remove and appropriate for his own profit any part of the soil belonging to another
or anything growing in, or attached to or subsisting upon, the land of another:
(6) “foreign country” means any country other than 1[Pakistan 2* * *]:
(7) “good faith” : nothing shall be deemed to be done in good faith which is not done
with due care and attention:
(8) “plaintiff” includes any person from or through whom a plaintiff derives his right to
sue :
3
[(9)] “promissory note” has the same meaning as in the Negotiable Instruments Act, 1881
(XXVI of 1881);]
(10) “suit” does not include an appeal or an application: and
(11) “trustee” does not include a benamidar, a mortgagee remaining in possession after the
mortgage has been satisfied, or a wrong-doer in possession without title.
PART II
LIMITATION OF SUITS, APPEALS AND APPLICATIONS
3. Dismissal of suits, etc., instituted, etc., after period of limitation. Subject to the
provisions contained in sections 4 to 25 (inclusive), every suit institute, appeal preferred, and
application made, after the period of limitation prescribed therefore 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.
1
Subs. by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s. 4 and Third Sch., for “British India”.
2
The 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.
3
Subs. by Ordinance 62 of 1980, s.2, for the original clause (9).
Page 4 of 47
5. Extension of period in certain cases. Any appeal or application for 1[a revision or] a
review of judgment or for leave to appeal or any other application to which this section may be made
applicable 2[by or under any enactment] for the time being in force may be admitted after the period
of limitation prescribed therefor, when the appellant or applicant satisfies the Court that he had
sufficient cause for not preferring the appeal or making the application within such period.
Explanation. The fact that the appellant or applicant was misled by any order, practice or
judgment of the High Court in ascertaining or computing the prescribed period of limitation may be
sufficient cause within the meaning of this section.
3
* * * * * * *
6. Legal disability. (1) Where a person entitled to institute a suit 4[or proceeding] or
make an application for the execution of a decree is, at the time from which the period of limitation
is to be reckoned, a minor, or insane, or an idiot, he may institute the suit 4[or proceeding] or make
the application within the same period after the disability has ceased, as would otherwise have been
allowed from the time prescribed therefore in the third column of the first schedule 1[or in section 48
of the Code of Civil Procedure, 1908 (Act V of 1908)].
(2) Where such person is, at the time from which the period of limitation is to be
reckoned, affected by two such disabilities, or where, before his disability has ceased, he is affected
by another disability, he may institute the suit or make the application within the same period, after
both disabilities have ceased, as would otherwise have been allowed from the time so prescribed.
(3) Where the disability continues up to the death of such person, his legal representative
may institute the suit or make the application within the same period after the death as would
otherwise have been allowed from the time so prescribed.
(4) Where such representative is at the date of the death affected by any such disability,
the rules contained in sub-sections (1) and (2) shall apply.
Illustrations
(a) The right to sue for the hire of a boat accrues to A during his 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.
1
Ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s. 2.
2
Subs. by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 2, for “by any enactment or rule”.
3
A section 5A was temporarily ins. here for a period of six months with effect from the 13th February 1948, see the Negotiable Instruments. Act
(Temporary Amdt.) Ordinance, 1948 (6 of 1948), s. 3 and the Ministry of Finance Notification No. D. 2702-F/48, dated the 11th May, 1948, Gazette of
Pakistan, 1948, Pt. I. p. 258.
4
lns. by Ord. 43 of 1962, s. 3.
Page 5 of 47
7. Disability of one of several plaintiffs or applicants. Where one of several persons
jointly entitled to institute a suit 1[or proceeding] or make an application for the execution of a decree
is under any such disability, and a discharge can be given without the concurrence of such person,
time will run against them all: but, where no such discharge can be given, time will not run as against
any of them until one of them becomes capable of giving such discharge without the concurrence of
the others or until the disability has ceased.
Illustrations
(a) A incurs a debt to a firm of which B, C and D are partners. B is insane, and C is a
minor. D can give a discharge of the debt without the concurrence or B and C. Time
runs against B, C and D.
(b) A incurs a debt to a firm of which E, F and G are partners. E and F are insane, and G
is a minor. Time will not run against any of them until either E or F becomes sane, or
G attains majority.
28.
Special exceptions. Nothing in section 6 or in section 7 applies to suits to enforce
rights of pre-emption, or shall be deemed to extend, for more than three years from the cessation of
the disability or the death of the person affected thereby, the period within which any suit must be
instituted or application made.
Illustrations
(a) A, to whom a right to sue for a legacy has accrued during his minority, attains
majority eleven years after such accruer. A has, under the ordinary law, only one year
remaining within which to sue. But under section 6 and this section an extension of
two years will be allowed him, making in all a period of three years from the date of
his attaining majority, within which he may bring his suit.
(b) A right to sue for an hereditary office accrues to A who at the time is insane. Six years
after the accruer A recovers his reason. A has six years, under the ordinary law, from
the date when his insanity ceased within which to institute a suit. No extension of time
will be given him under section 6 read with this section.
(c) A right to sue as landlord to recover possession from a tenant accrues to A, who is an
idiot. A dies three years after the accruer, his idiocy continuing up to the date of his
death. A’s representative in interest has, under the ordinary law, nine years from the
date of A’s death within which to bring a suit. Section 6 read with this section does
not extend that time, except where the representative is himself under disability when
the representation devolves upon him.
1
Ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s. 3.
2
Ins. by the Indian Limitation (Amdt.) Act, 1929 (1 of 1929),s.2.
Page 6 of 47
9. Continuous running of time. Where once time has begun to run, no subsequent dis-
ability or inability to sue stops it :
Provided that where letters of administration to the estate of a creditor have been granted to
his debtor, the running of the time 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 suit against a person in whom property has become vested in trust for any
specific purpose, or against his legal representatives or assigns (not being assigns for valuable
consideration), for the purpose of following in his or their hands such property or the proceeds
thereof, or for an account of such property or proceeds
shall be barred by any length of time.
1
[For the purposes of this section any property comprised in a Hindu, Muhammadan or
Buddhist religious or charitable endowment shall be deemed to be property vested in trust for a
specific purpose, and the manager of any such property shall be deemed to be the trustee thereof.]
11. Suits on foreign contracts. (1) Suits instituted in 2[Pakistan] on contracts entered
into in a foreign country are subject to the rules of limitation contained in this Act.
(2) No foreign rule of limitation shall be a defence to a suit instituted in 2[Pakistan] on a
contract entered into in a foreign country, unless the rule has extinguished the contract and the
parties were domiciled in such country during the period prescribed by such rule.
PART III
COMPUTATION OF PERIOD OF LIMITATION
12. Exclusion of time in legal proceedings. (1) In computing the period of limitation
prescribed for any suit, appeal or application, the day from which such period is to be reckoned shall
be excluded.
(2) In computing the period of limitation prescribed for an appeal, an application for
leave to appeal and an application for a review of judgment, the day on which the judgment
complained of was pronounced, and the time requisite for obtaining a copy of the decree, sentence or
order appealed from or sought to be reviewed, shall be excluded.
(3) Where a decree is appealed from or sought to be reviewed, the time requisite for
obtaining a copy of the judgment on which it is founded shall also be excluded.
(4) In computing the period of limitation prescribed for an application to set aside an
award, the time requisite for obtaining a copy of the award shall be excluded.
1
Ins. by the Indian Limitation (Amdt.) Act, 1929 ( 1 of 1929),s. 2.
2
Subs. by the Central laws (Statute) Reform Ordinance, 1960 (21 of 1960) s.3 and 2nd Sch., for “the Province and Capital of the Federation” which had
been subs. by A.O., 1949, for British India.
Page 7 of 47
1
[(5) For the purposes of sub-sections (2), (3) and (4), the time requisite for obtaining a
copy of the decree, sentence, order, judgment or award shall be deemed to be the time intervening
between the day on which an application for the copy is made and the day actually intimated to the
applicant to be the day on which the copy will be ready for delivery.]
13. Exclusion of time of defendants, absence from Pakistan and certain other
territories. In computing the period of limitation prescribed for any suit, the time during which the
defendant has been absent from 2[Pakistan] and from the territories beyond 2[Pakistan] under the
administration of 3[the 4[Federal Government]] 5
* * * shall be excluded.
14. Exclusion of time of proceeding Bona fide in Court without jurisdiction. (1) In
computing the period of limitation prescribed for any suit, the time during which the plaintiff has
been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or
in a Court of appeal, against the defendant, shall be excluded, where the proceeding is founded upon
the same cause of action and is prosecuted in good faith in a Court which, from. defect of
jurisdiction, or other cause of a like nature, is unable to entertain it.
(2) In computing the period of limitation prescribed for any application, the time during
which the applicant has been prosecuting with due diligence another civil proceeding, whether in a
Court of first instance or in a Court of appeal, against the same party for the same relief shall be
excluded, where such proceeding is prosecuted in good faith in a Court which, from defect of
jurisdiction, or other cause of a like nature, is unable to entertain it.
Explanation I. In excluding the time during which a former suit or application was
pending, the day on which that suit or application was instituted or made, and the day on which the
proceedings therein ended, shall both be counted.
Explanation II. For the purposes of this section, a plaintiff or an applicant resisting an
appeal shall be deemed to be prosecuting a proceeding.
Explanation III.—For the purposes of this section misjoinder of parties or of cause of action
shall be deemed to be a cause of a like nature with defect of jurisdiction.
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.
1
Added by Act XIII of 1991, s.2
2
Subs. 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.
3
Subs. by A.O., 1937 for “the Govt”.
4
Subs. by F.A.O., 1975, Art.2 and Table, for “Central Government”.
5
The words “or the Crown Representative” omitted by A. O. 1949.
Page 8 of 47
16. Exclusion of time during which proceedings to set aside execution sale are
pending. In computing the period of limitation prescribed for a suit for possession by a purchaser at
a sale in execution of a decree, the time during which a proceeding to set aside the sale has been
prosecured shall be excluded.
17. Effect of death before right to sue accrues. (1) Where a person, who would, if he
were living, have a right to institute a suit or make an application, dies before the right accrues, the
period of limitation shall be computed from the time when there is a legal representative of the
deceased capable of instituting or making such suit or application.
(2) Where a person against whom, if he were living, a right to institute a suit or make an
application would have accrued dies before the right accrues, the period of limitation shall be
computed from the time when there is a legal representative of the deceased against whom the
plaintiff may institute or make such suit or application,
(3) Nothing in sub-sections (1) and (2) applies to suits to enforce rights of pre-emption or to
suits for the possession of immoveable property or of an hereditary office.
18. Effect of fraud. Where any person having a right to institute a suit or make an
application has, by means of fraud, been kept from the knowledge of such right or of the title on
which it is founded,
or where any document necessary to establish such right has been fraudulently concealed
from him
the time limited for instituting a suit or making an application
(a) against the person guilty of the fraud or accessory thereto, or
(b) against any person claiming through him otherwise than in good faith and for a
valuable consideration,
shall be computed from the time when the fraud first became known to the person injuriously
affected thereby, or, in the case of the concealed document, when he first had the means of producing
it or compelling its production.
19. Effect of acknowledgment in writing. (1) Where, before the expiration of the period
prescribed for a suit or application respect of any property or right, an acknowledgment of liability in
respect of such property or right has been made in writing signed by the party against whom such
property or right is claimed, or by some person through whom he derives title or liability, a fresh
period of limitation shall be computed from the time which the acknowledgment was so signed.
(2) Where the writing containing the acknowledgment is undated, oral evidence may be
given of the time when it was signed; but, subject to the provisions of the Evidence Act. 1872 (I of
1872) oral evidence of its contents shall not be received.
Explanation I. For the purposes of this section an acknowledgment may be sufficient
though it omits to specify the exact nature of the property or right, or avers that the time for payment,
delivery, performance or enjoyment has not yet come, or is accompanied by a refusal to pay, deliver,
perform or permit to enjoy, or is coupled with a claim to a set-off, or is addressed to a person other
Page 9 of 47
than the person entitled to the property or right.
Explanation II. For the purposes of this section, “signed” means signed either personally
or by an agent duly authorized in this behalf.
Explanation III. For the purposes of this section an application for the execution of a
decree or order is an application in respect of a right.
20. Effect of payment on account of debt or of interest on legacy.—1[(1) Where
payment on account of a debt or of interest on a legacy is made before the expiration of the
prescribed period by the person liable to pay the debt or legacy, or by his duly authorised agent, a
fresh period of limitation shall be computed from the time when the payment was made:]
2
[Provided that 3* * * an acknowledgment of the payment appears in the handwriting of, or
in a writing signed by, the person making the payment.]
(2) Effect to receipt of procedure of mortgaged land. Where mortgaged land is in the
possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to be a
payment for the purpose of sub-section (1).
Explanation. Debt includes money payable under a decree or order of Court.
21. Agent of person under disability. (1) The expression “agent duly authorized in his
behalf,” in sections 19 and 20, shall, in the case of a person under disability, include his lawful
guardian, committee or manager, or an agent duly authorised by such guardian, committee or
manager to sign the acknowledgment or make the payment.
(2) Acknowledgement or payment by one of several joint contractors, etc. Nothing in
the said sections renders one of several joint contractors, partners, executors or mortgagees
chargeable by reason only of a written acknowledgment signed or of a payment made by, or by the
agent of, any other or others of them.
4
[(3) For the purposes of the said sections.
(a) an acknowledgment signed, or a payment made, in respect of any liability, by, or by the
duly authorised agent of, any widow or other limited owner of 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.]
1
Subs. by the Indian Limitation (Amdt.) Act, 1942 (16 of 1942), s. 2, for the original sub-section (1).
2
Subs. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s. 2 for the original proviso.
3
The 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.,
4
Sub-section (3) ins. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s. 3.
Page 10 of 47
22. Effect of substituting or adding new plaintiff or defendant. (1) Where, after the
institution of a suit, a new plaintiff or defendant is substituted or added, the suit shall, as regards him,
be deemed to have been instituted when he was so made a party.
(2) Nothing in sub-section (1) shall apply to a case where a party is added or substituted
owing to an assignment or devolution of any interest during the pendency of a suit or where a
plaintiff is made a defendant or a defendant is made a plaintiff.
23. Continuing breaches and wrongs. In the case of a continuing breach of 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.
25. Computation of time mentioned in instruments. All instruments shall, for the
purposes of this Act, be deemed to be made with reference to the Gregorian calendar.
Illustrations
(a) A Hindu makes a promissory note bearing a Native date only, and payable
four months after date. The period of limitation applicable to a suit on the note
runs from the expiration of four months after date computed according to the
Gregorian calendar.
(b) A Hindu makes a bond, bearing a Native date only, for the repayment of
money within one year. The period of limitation applicable to a suit on the
bond runs from the expiration of one year after date computed according to the
Gregorian calendar.
PART IV
ACQUISITION OF OWNERSHIP BY POSSESSION
26. Acquisition of right to easements. (1) Where the access and use of light or air to
and for any building have been peaceably enjoyed therewith as an easement, and as of right, without
interruption, and for twenty years,
and where any way or watercourse, or the use of any water, or any other easement (whether
affirmative or negative) has been peaceably and openly enjoyed by any person claiming title thereto
as an easement and as of right without interruption, and for twenty years,
the right to such access and use of light or air, way, watercourse, use of water, or other
easement shall be absolute and indefeasible.
Page 11 of 47
Each of the said periods of twenty years shall be taken to be a period ending within two
years next before the institution of the suit wherein the claim to which such period relates contested.
(2) Where the property over which a right is claimed under sub-section (1) belongs to the
1
[the Government], that sub-section shall be read as if for the words “twenty years” the words “sixty
years” were substituted.
Explanation. Nothing is an interruption within the meaning of this section, unless where
there is an actual discontinuance of the possession or enjoyment by reason of an obstruction by the
act of some person other than the claimant, and 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 twenty-five years; but B shows that during ten of these years C, Hindu
widow, had a life interest in the land, that on C’s death B became entitled to the land, and that within
two years after C’s death he contested A’s claim to the right. The suit must be dismissed, as A, with
reference to the provisions of this section, has only proved enjoyment for fifteen years.
228. * * * * * * *
PART V
SAVINGS AND REPEALS
3
29. Savings. [(1) Nothing in this Act shall affect section 25 of the contract Act, 1872 (IX
of 1872).
1
The 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.
2
Omitted by Act II of 1995,s 2.
3
Subs. by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 3, for the original sub-section (1).
Page 12 of 47
(2) Where any special or local law prescribes for any suit, appeal or application a period
of limitation different from the period prescribed therefor by the first schedule, the provisions of
section 3 shall apply, as if such period were prescribed therefor in that schedule, and for the purpose
of determining any period of limitation prescribed for any suit, appeal or application by any special
or local law
(a) the provisions contained in section 4, sections 9 to 18, and section 22 shall
apply only in so far as, and to the extent to which, they are not expressly
excluded by such special or local law; and
(b) the remaining provisions of this Act shall not apply.]
1
[(3)] Nothing in this Act shall apply to suits under the Divorce Act (IV of 1869).
[(4)] Sections 26 and 27 and the definition of “easement” in section 2 shall not apply to
1
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.
1
The original sub-sections (2) and (3) were re-numbered as (3) and (4), by the Indian Limitation (Amdt.) Act, 1922 (10 of 1922), s. 3.
Page 13 of 47
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 Thirty days .. When notice of the award is
Board of Revenue Under the delivered to the plaintiff.
Waste Lands (Claims) Act,
1863 (XXII of 1863).
Part II.—Ninety days.
2. — For compensation for doing Ninety days. .. When the act or omission takes
or for omitting to do an act place.
alleged to be in pursuance of
any enactment in force for
the time being in
1
[Pakistan.]
Part III.—Six months.
3. — Under the Specific Relief Six months. .. When the dispossession occurs.
Act, 1877 (I of 1877),
section 9, to recover
possession of
immoveable property.
2
* * * * * * *
1
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “the Province
and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”.
2
Article 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.
Page 14 of 47
THE FIRST SCHEDULE.—contd.
FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to
run.
1
[Part IV.—One year].
4
5.— Under the summary [One year] .. When the debt or liquidated
procedure referred to in demand becomes payable or when
section 128 (2) (f) of the the property becomes recoverable.
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* *].
5
* * *
6.— Upon a Statute, Act, One year .. When the penalty or forfeiture is
Regulation or Byelaw, for a incurred.
penalty or forfeiture.
7
7.— For the wages of a [One year] .. When the wages accrue due.
household servant, artisan or
labourer 6* * *.
7
8.— For the price of food or [One year] .. When the food or drink is
drink sold by the keeper of a delivered.
hotel, tavern or lodging
house.
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”.
Page 15 of 47
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.
1
9.— For the price of lodging. [One year] .. When the price becomes payable.
1
10.—To enforce a right of pre- [One year]. .. When the purchaser takes, under
emption whether the right is the sale sought to be impeached,
founded on law, or general physical possession of the whole
usage, or on special of the property sold, or where the
contract. subject of the sale does not admit
of physical possession, when the
instrument of sale is registered.
1
11.—By a person, against whom [One year]. .. The date of the order.
any of the following orders
has been made to establish
the right which he claims to
the property comprised in
the order :
(1) Order under the Code of
Civil Procedure, 1908 (V of
1908), on a claim
preferred to, or an
objection made to the
attachment of, property
attached in execution of a
decree;
2
* * *
11A.—By a person against whom 1
[One year]. … The date of the order.
an order has
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.
Page 16 of 47
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 decree-holder or purchaser,
to establish the right which he
claims to the present possession
of the property comprised in the
order.
1
12.— To set aside any of the [One year] .. When the sale is confirmed, or
following sales :- would otherwise have become
final and conclusive had no such
(a) sale in execution of a suit been brought.
decree of a Civil Court;
(b) sale in pursuance of a
decree or order of a
Collector or other officer
of revenue;
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
Page 17 of 47
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.
1
13.—To alter or set aside a [One year]. .. The date of the final decision or
decision or order of a Civil order in the case by a Court
Court in any proceeding competent to determine it finally.
other than a suit.
1
14.—To set aside any act or order [One year]. .. The date of the act or order.
of an officer of Government
in his official capacity, not
herein otherwise expressly
provided for.
1
15.—Against Government to set [One year]. .. When the attachment, lease or
aside any attachment, lease transfer is made.
or transfer of immoveable
property by the revenue-
authorities for arrears of
Government revenue.
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”
Page 18 of 47
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.
1
16.—Against Government to [One year]. .. When the payment is made.
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
17.—Against Government for [One year]. .. The date of determining the
compensation for land amount of the compensation.
acquired for public
purposes.
1
18.—Like suit for compensation [One year]. .. The date of the refusal to
when the acquisition is not complete.
completed.
1
19.—For compensation for false [One year]. .. When the imprisonment ends.
imprisonment.
20.—By executors, administrators The date of the death of the person
1
or representative under the [One year]. .. wronged.
Legal Representatives’ Suits
Act, 1855 (XII of 1855).
1
21.—By executors, administrators [One year]. .. The date of the death of the person
or representatives under the killed.
Fatal Accidents Act, 1855
(XIII of 1855).
1
22.—For compensation for any [One year]. .. When the injury is committed.
other injury to the person.
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”
Page 19 of 47
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.
1
23.—For compensation for a [One year] .. When the plaintiff is acquitted, or
malicious prosecution. the prosecution is otherwise
terminated.
1
24.—For compensation for libel. [One year] .. When the libel is published.
1
25.—For compensation for [One year] .. When the words are spoken, or, if
slander. the words are not actionable in
themselves, when the special
damage complained of results.
1
26.—For compensation for loss of [One year] .. When the loss occurs.
service occasioned by the
seduction of the plaintiff’s
servant or daughter.
1
27.—For compensation for [One year] .. The date of the breach.
inducing a person to break a
contract with the plaintiff.
1
28.—For compensation for and [One year] .. The date of the distress.
illegal, irregular or
excessive distress.
1
29.—For compensation for [One year] .. The date of the seizure.
wrongful seizure for
moveable property under
legal process.
1
30.—Against a carrier for [One year] .. When the loss or injury occurs.
compensation for losing or
injuring goods.
1
31.—Against a carrier for [One year] .. When the goods ought to be
compensation for non delivered.
delivery of, or delay in
delivering, goods.
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
Page 20 of 47
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 Two years .. When the perversion first becomes
right to use property for known to the person injured
specific purposes, perverts it thereby.
to other purposes.
1
33.—Under the Legal [Two years] .. When the wrong complained of is
Representatives’ Suits Act, done.
1855 (XII of 1855), against
an executor.
1
34.—Under the same Act against [Two years] .. Ditto.
an administrator.
1
35.—Under the same Act against [Two years] .. Ditto.
any other representative.
1
36.—For compensation for any [Two years] .. When the malfeasance,
malfeasance, misfeasance or misfeasance or nonfeasance takes
nonfeasance independent of place.
contract and not herein
specially provided for.
Part VI.—Three years.
37.—For compensation for Three years .. The date of the obstruction.
obstructing a way or a
watercourse.
1
38.—For compensation for [Three years] The date of the diversion.
diverting a water course.
1
39.—For compensation for [Three years] The date of the trespass.
trespass upon immoveable
property.
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
Page 21 of 47
THE FIRST SCHEDULE.—contd.
FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to
run.
Part VI.—Threeyears—
contd.
40. —For compensation for 1
[Three years] The date of the infringement.
infringing copyright or any
other exclusive privilege.
41. —To restrain waste .. 1
[Three years] When the waste begins.
1
42.—For compensation for injury [Three years] When the injunction ceases.
caused by an injunction
wrongfully obtained.
43. —Under the 2[Succession Act, 1
[Three years] The date of the payment or
1925 (XXXIX of 1925), distribution.
section 360 or section
361,] to compel a refund by
a person to whom an
executor or administrator
has paid a legacy or
distributed assets.
44. —By a ward who has attained 1
[Three years] When the ward attains majority.
majority, to set aside a
transfer or property by his
guardian.
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.
Page 22 of 47
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.
47.—By any person bound by an
1
order respecting the [Three years] The date of the final order in the
possession of immoveable case.
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.
1
48.—For specific moveable [Three years] When the person having the right
property lost or acquired by to be possession of the property
theft, or dishonest mis- first learns in whose possession it
appropriation or conversion, is.
or for compensation for
wrongfully taking or
detaining the same.
3
[48A.—To recover moveable Three years .. When the sale becomes known to
property conveyed or the plaintiff.
bequeathed in trust,
deposited or pawned, and
afterwards bought from the
trustee, depositary or
pawnee for a valuable
consideration.
3
[48B.—To set aside sale of Three years .. When the sale becomes known to
moveable property the plaintiff.]
comprised in a Hindu,
Muhammadan or Buddhist
religious or charitable
endowment, made by a
manager thereof for a
valuable consideration.
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.
Page 23 of 47
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.
1
49.—For other specific moveable [Three years] When the property is wrongfully
property, or for taken or injured, or when the
compensation for wrongfully detainer’s possession becomes
taking or injuring or unlawful.
wrongfully detaining the
same.
1
50.—For the hired of animals, [Three years] When the hire becomes payable.
vehicles, boats or household
furniture.
1
51.—For the balance of money [Three years] When the goods ought to be
advanced in payment of delivered.
goods to be delivered.
2 1
52.—For the price of goods sold [Three years] The date of the delivery of the goods.
and delivered, where no
fixed period of credit is
agreed upon.
When the period of credit expires.
2 1
53.—For the price of goods sold [Three years]
and delivered to be paid for
after the expiry of a fixed
period of credit.
When the period of the proposed bill
54. —For the price of goods sold 1
[Three years] elapses.
and delivered to be paid for
by a bill of exchange, no such
bill being given. The date of the sale.
55. —For the price of trees or 1
[Three years]
growing crops sold by the
plaintiff to the defendant
where no fixed period of
credit is agreed upon. When the work is done.
56. —For the price of work done 1
[Three years]
by the plaintiff for the
defendant at his request,
where no time has been
fixed or payment. When the loan is made.
2 1
57.—For money payable for [Three years]
money lent.
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.
Page 24 of 47
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.
1
58.—Like suit when the lender [Three years] When the cheque is paid.
has given a cheque for the
money.
2 1
59.—For money lent under an [Three years] When the loan is made.
agreement that it shall be
payable on demand.
1
60.—For money deposited under [Three years] When the demand is made.
an agreement that it shall be
payable on demand,
including money of a
customer in the hands of his
banker so payable.
2 1
61.—For money payable to the [Three years] When the money is paid.
plaintiff for money paid for
the defendant.
62.—For money payable by the
1
defendant to the plaintiff for [Three years] When the money is received.
money received by the
defendant for the plaintiff’s
use.
2 1
63.—For money payable for [Three years]
interest upon money due When the interest becomes due.
from the defendant to the
plaintiff.
2 1
64.—For money payable to the [Three years] When the accounts are stated in
plaintiff for money found to writing signed by the defendant or
be due from the defendant to his agent duly authorized in this
the plaintiff on accounts behalf, unless where the debt is, by
stated between them. 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 Three years When the debt becomes payable.].
the Code of Civil
Procedure.
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
2
See foot-note1 under article 52, supra.
3
Articles 64A ins. by the Civil Procedure and Limitation (Amdt.) Ordinance, 1961 (9 of 1961), s.3.
Page 25 of 47
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.
1
65.—For compensation for breach [Three years] When the time specified arrives or
of a promise to do anything the contingency happens.
at a specified time, or upon
the happening of a specified
contingency.
2 1
66.—On a single bond, where a [Three years] The day so specified.
day is specified for
payment.
2 1
67.—On a single bond, where no [Three years] The date of executing the bond.
such day is specified.
2 1
68.—On a bond subject to a [Three years] When the condition is broken.
condition.
2 1
69.—On a bill of exchange or [Three years] When the bill or note falls due.
promissory note payable at a
fixed time after date.
2 1
70.—On a bill of exchange [Three years] When the bill is presented.
payable at sight or after
sight, but not at a fixed time.
2 1
71.—On a bill of exchange [Three years] When the bill is presented at that
accepted payable at a place.
particular place.
72. —On a bill of exchange or 1
[Three years] When the fixed time expires.
promissory note payable at a
fixed time after sight or after
demand.
73. —On a bill of exchange or 1
[Three years] The date of the bill or note.
promissory note payable on
demand and not
accompanied by any writing
restraining or postponing the
right to sue.
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
2
See foot-note 1 under article 52, supra.
Page 26 of 47
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.
1
74.—On a promissory note or [Three years] The expiration of the first term of
bond payable by payment as to the part then
instalments. payable; and for the other parts the
expiration of the respective terms
of payment.
1
75.—On a promissory note or [Three years] When the default is made, unless
bond payable by where the payee or obligee waives
instalments, which provides the benefit of the provision, and
that if default be made in then when fresh default is made in
payment of one or more respect of which there is not such
instalments, the whole shall waiver.
be due.
2 1
76.—On a promissory note given [Three years] The date of the delivery to the
by the maker to a third payee.
person to be delivered to the
payee after a certain event
should happen.
2 1
77.—On a dishonoured foreign [Three years] When the notice is given.
bill where protest has been
made and notice give.
2 1
78.—By the payee against the [Three years] The date of the refusal to accept.
drawer of a bill of exchange
which has been dishonoured
by non-acceptance.
2 1
79.—By the acceptor of an [Three years] When the acceptor pays the
accommodation – bill amount of the bill.
against the drawer.
2 1
80.-Suit on a bill of exchange, [Three years] When the bill, note or bond
promissory note or bond not becomes payable.
herein expressly provided
for.
81.—By a surety against .. the 1
[Three years] When the surety pays the creditor.
principal debtor.
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
2
See foot-note 1 under article 52, supra.
Page 27 of 47
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- 1
[Three years] When the surety pays any thing in
surety. excess of his own share.
83. —Upon any other contract to 1
[Three years] When the plaintiff is actually
indemnify. damnified.
84. —By an attorney or vakil for 1
[Three years] The date of the termination of the
his cost of a suit or a suit or business, or (Where the
particular business, there attorney or vakil property
being no express agreement discontinues the suit or business)
as to the time when such the date of such discontinuance.
costs are to be paid.
85. —For the balance due on a 1
[Three years] The close of the year in which the
mutual, open and current last item admitted or proved is
account, where there have entered in the account; such year
been reciprocal demands to be computed as in the account.
between the parties.
86. —2[(a) On a policy of 1
[Three years] 2
[(a) The date of the death of the
insurance when the sum deceased.
insured in payable after
proof of the death has been
given to or received by the
insurers.
(b) On a policy of insurance (b) The date of the occurrence
when the sum insured is causing the loss.]
payable after proof of the
loss has been given to or
received by the insurers.]
87. —By the assured to recover 1
[Three years] When the insurers elect to avoid
premia paid under a policy the policy.
voidable at the election of
the insurers.
88. —Against a factor for an 1
[Three years] When the account is during the
account. 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.
Page 28 of 47
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 1
[Three years] Ditto.
agent for moveable property
received by the latter and
not accounted for.
90. —Other suits by principals 1
[Three years] When the neglect or misconduct
against agents for neglect or becomes known to the plaintiff.
misconduct.
91. —To cancel or set aside an 1
[Three years] When the facts entitling the
instrument not otherwise plaintiff to have the instrument
provided for. cancelled or set aside become
known to him.
92. —To declare the forgery of an 1
[Three years] When the issue or registration
instrument issued or becomes known to the plaintiff.
registered.
93. —To declare the forgery of an 1
[Three years] The date of the attempt.
instrument attempted to be
enforced against the
plaintiff.
94. —For property which the 1
[Three years] When the plaintiff is restored to
plaintiff has conveyed while sanity, and has knowledge of the
insane. conveyance.
95. —To set aside a decree 1
[Three years] When the fraud becomes known to
obtained by fraud, or for the party wronged.
other relief on the ground of
fraud.
96. —For relief on the ground of 1
[Three years] When the mistake becomes known
mistake. to the plaintiff.
97. —For money paid upon an 1
[Three years] The date of the failure.
existing consideration which
afterwards fails.
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
Page 29 of 47
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 1
[Three years] The date of the trustee’s death, or,
general estate of a deceased if the loss has not then resulted,
trustee the loss occasioned the date of the loss.
by a breach of trust.
1
99.—For contribution by a party [Three years] The date of the payment in excess
who has paid the whole or of the plaintiff’s own share.
more than his share of the
amount due under a joint
decree, or by a sharer in a
joint estate who has paid the
whole or more than his
share of the amount of
revenue due from himself
and his co-sharers.
1
100.—By a co-trustee to enforce [Three years] When the right to contribution
against the estate of a accrues.
deceased trustee a claim for
contribution.
101.—For a seaman’s wages. 1
[Three years] The end of the voyage during
which the wages are earned.
1
102.—For wages not other wise [Three years] When the wages accrue due.
expressly provided for by
this schedule.
103.— By a 2[Muslim] for 1
[Three years] When the dower is demanded and
exigible dower refused or (where, during the
(mu’ajjal). continuance of the marriage no
such demand has been made, when
the marriage is dissolved by death
or divorce.
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
2 Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”.
Page 30 of 47
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] 2
for [Three years] When the marriage is dissolved by
deferred dower (mu’wajjal). death or divorce.
105. —By a mortgagor after the 2
[Three years] When the mortgagor re-enters on
mortgage has been satisfied, the mortgaged property.
to recover surplus
collections received by the
mortgagee.
106. —For an account and a share 2
[Three years] The date of the dissolution.
of the profits of a dissolved
partnership.
107. —By the manager of a joint 2
[Three years] The date of the payment.
estate of an undivided
family for contribution, in
respect of a payment made
by him on account of the
estate.
108. —By a lessor for the value of 2
[Three years] When the trees are cut down.
trees cut down by his lessee
contrary to the terms of the
lease.
109. —For the profits of 2
[Three years] When the profits are received.
immoveable property
belonging to the plaintiff
which have been wrongfully
received by the defendant.
110. —For arrears of rent .. 111.— 2
[Three years] When the arrears become due.
2
By a vendor of [Three years] The time fixed for completing the
immoveable property for sale, or (where the title is accepted
personal payment of unpaid after the time fixed for
purchase money. completion) the date of the
acceptance.
2
112.—For a call by a company [Three years] When the call is payable.
registered under any Statute
or Act.
1
Subs. by F.A.O., 1975 Art.2 and Table, for “Muhammadan”.
2
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
Page 31 of 47
THE FIRST SCHEDULE.—contd.
FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to run.
Part VI.—Threeyears—
contd.
1
113.—For specific performance of a [Three years] The date fixed for the performance, or,
contract. if no such date is fixed, when the
plaintiff has notice that performance is
refused.
114.—For the rescission of a 1 When the facts entitling the plaintiff to
[Three years]
contract. have the contract rescinded first
become known to him.
115.—For compensation for the 1[Three years] When the contract is broken, or (where
breach of any contract, there are successive breaches) when the
express or implied, not in breach in respect of which the suit is
writing registered and not instituted occurs, or (where the breach
herein specially provided for. is continuing) when it ceases.
Part VII.—Six years.
116.—For compensation for the Six years .. .. When the period of limitation would
breach of a contract in begin to run against a suit brought on a
writing registered. similarly contract not registered.
117.—Upon a foreign judgment as 1[Six years] The date of the judgment.
defined in the Code of Civil
Procedure, 1908 (V of 1908).
118.—To obtain a declaration that 1 When the alleged adoption becomes
[Six years]
an alleged adoption is known to the plaintiff.
invalid, or never, in fact, took
place.
119.—To obtain a declaration that 1[Six years] When the rights of the adopted son, as
an adoption is valid. such, are interfered with.
120.—Suit for which no period of 1[Six years] When the right to sue accrues.
limitation is provided
elsewhere in this schedule.
Part VIII—
Twelve years.
121.—To avoid incumbrances or 1[Twelve years]
under-tenures in an entire When the sale becomes final and
estate sold for arrears of conclusive.
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
Page 32 of 47
THE FIRST SCHEDULE.—contd.
FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to
run.
Part VIII.—contd.
Government revenue, or Twelve years
in a patni taluq or other
saleable tenure sold for
arrears of rent.
122.—Upon a judgment obtained
1 2
in [Pakistan], or a [Twelve years] The date of the judgment or
recognizance. recognizance.
123.—For a legacy or for a share
2
of a residue bequeathed by a [Twelve years] When the legacy or share becomes
testator, or for a distributive payable or deliverable.
share of the property of an
intestate.
124.—For possession of an
2
hereditary office. [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 2
[Twelve years] The date of the alienation.
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.
1
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch, (with effect from the 14th October, 1955), for “the
Provinces and the Capital of the Federation” which had been subs. by A.O., 1949, for “British India”.
2
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
3
Subs. by F.A.O., 1975, Art. 2 and Table, for “Muhammadan”.
Page 33 of 47
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 1[Twelve years] When the alience takes possession
the law of the Mitakshara to of the property.
set aside his father’s
alienation of ancestral
property.
127. —By a person excluded from 1[Twelve years] When the exclusion becomes
joint family property to known to the plaintiff.
enforce a right to share
therein.
128. —By a Hindu for arrears of 1[Twelve years]
maintenance. When the arrears are payable.
1
129.—By a Hindu for a [Twelve years]
declaration of his right to When the right is denied.
maintenance.
1
130.—For the resumption or [Twelve years] When the right to resume or assess
assessment of rent-free land. the land first accrues.
1
131.—To establish a periodically [Twelve years] When the plaintiff is first refused
recurring right. the enjoyment of the right.
1
132.—To enforce payment of [Twelve years] When the money sued for becomes
money charged upon due.
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
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.
Page 34 of 47
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
* * * * * * *
2 3
134.—To recover possession of [Twelve years] [When the transfer becomes known
immoveable property to the plaintiff.]
conveyed or bequeathed in
trust or mortgaged and
afterwards transferred by
the trustee or mortgagee
for a valuable
consideration.
4
[134A.—To set aside a transfer Twelve years When the transfer becomes known to
of immoveable property the plaintiff.
comprised in a Hindu,
5
[Muslim] or Buddhist
religious or charitable
endowment, made by a
manager thereof for a
valuable consideration.
134B.—By the manager of a Twelve years The death, resignation or removal of
5
Hindu, [Muslim] or the transferor.
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.
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”.
Page 35 of 47
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 Twelve years The death, a resignation or removal of
1
Hindu, [Muslim] or the seller.]
Buddhist religious or
charitable endowment to
recover possession of
moveable property
comprised in the
endowment which has
been sold by a previous
manager for a valuable
consideration.
135.—Suit instituted in a Court 3[Twelve years] When the mortgagor’s right to
2
[other than a High Court] possession determine.
by a mortgage for
possession of immoveable
property mortgaged.
136.—By a purchaser at a private
3
sale for possession of [Twelve years] When the vendor is first entitled to
immoveable property sold possession.
when the vendor was out
of possession at the date
of the sale.
137.—Like suit by a purchaser at
3
a sale in execution of a [Twelve years] When the judgment-debtor is first
decree when the judgment entitled to possession.
debtor was out of
possession at the date of
the sale.
3
138.—Like suit by a purchaser at [Twelve years] The date when the sale becomes
a sale in execution of a absolute.
decree, when the judgment
debtor was in possession
at the date of the sale.
139.—By a landlord to recover 3
[Twelve years] When the tenancy is determined.
possession from a tenant.
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 2 nd 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”.
Page 36 of 47
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 1
[Twelve years] When his estate falls into
reversioner (other than a possession.
landlord) or a devisee,
for possession of
immoveable property.
141. — Like suits by a Hindu or 1
[Twelve years] When the female dies.
2
[Muslim] entitled to the
possession of
immoveable property on
the death of a
Hindu or 2[Muslim]
female.
142. — For possession of 1
[Twelve years] The date of the dispossession or
immoveable property discontinuance.
when the plaintiff while
in possession of the
property, has been
dispossessed or has
discontinued the
possession.
143. —Like suit, when the 1
[Twelve years]
plaintiff has become When the forfeiture is incurred or
entitled by reason of any the condition is broken.
forfeiture or breach of
condition.
3* * * * * * *
Part IX.—
Thirty years.
145.—Against a depositary or Thirty years The date of the deposit or pawn.
pawnee to recover
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.
Page 37 of 47
THE FIRST SCHEDULE.—contd.
FIRST DIVISION : SUITS—contd.
Description of suit. Period of limitation. Time from which period beings to
run.
Part IX.—Thirty
Years.—contd.
moveable property
deposited or pawned.
2
146.— Before a 1[High Court] in [Thirty years] When any part of the principal or
the exercise of its interest was last paid on account of
ordinary original the mortgage-debt.
civil jurisdiction by a
mortgagee to recover
from the mortgagor the
possession of
immoveable property
mortgaged.
2
146A.—By or on behalf of any [Thirty years] The date of the dispossession or
local authority for discontinuance.
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.
Part X.—Sixty
years.
147.— By a mortgagor for Sixty years When the money secured by the
foreclosure or sale. mortgage becomes due.
2
148.— Against a mortgagee to [Sixty years] When the right to redeem or to
redeem or to recover recover possession accrues :
possession of
immoveable property Provided that all claims to redeem
mortgaged. arising under instruments of
mortgage
1
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. for “Court established by Royal Charter” (with effect from
the 14th October, 1955).
2
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
Page 38 of 47
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 2
[Sixty years] .. When the period of limitation
3
of the [Federal would begin to run under this Act
Government] or any against a like suit by a private
[Provincial Government] person.
4
[except a suit before the
5
[Supreme Court] in the
exercise of its original
jurisdiction].
SECOND DIVISION : APPEALS
Description of Appeal. Period of limitation. Time from which period begins to
run.
7
150.— Under the Code of [Thirty days] .. The date of the sentence.
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].
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.
7
Subs. by the Limitation (Amdt.) Act, 2023, S.2.
Page 39 of 47
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 Twenty days .. The date of the decree or order.
of 2[a High Court] in
the exercise of its
original jurisdiction.
152.— Under the Code of Civil Thirty days .. The date of the decree or order
Procedure, 1908 (V of appealed from.
1908), to the
Court of a District
Judge.
3
153.— Under the same Code to [Thirty days] The date of the order.
a High Court from an
order of a Sub-
ordinate Court refusing
leave to appeal to
4
[the Supreme Court.]
154.— Under the Code of
3
Criminal Procedure, [Thirty years] The date of the sentence or order
1898 (V of 1898), to appealed from.
any Court other than a
High Court.
155.— Under the same Code to Sixty days .. The date of the sentence or order
a High Court, except appealed from.
in the cases provided
for by article 150 and
article 157.
1
Article 150A which was inserted by the Criminal Law Amdt. Act, 1923 (12 of 1923), s. 42 has been omitted by the Criminal law (Extinction of
Discriminatory Privileges) Act, 1949 (2 of 1950), s.2 and Sch.
2
The original words “any of the High Courts of Judicature at Fort William, Madras and Bombay or the Chief Court of the Punjab or the Chief Court of
Lower Burma” have successively been amended by the Repealing and Amending Act, 1930 (8 of 1930), A.O., 1937, A.O., 1949 and the Central Laws
(Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), to read as above.
3
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
4
Subs. by .A.O., 1961, Art. 2 and Sch., for “His Majesty in Council” (with effect from the 23rd March, 1956).
Page 40 of 47
THE FIRST SCHEDULE.—contd.
SECOND DIVISION : APPEALS—contd.
Description of Appeal. Period of limitation. Time from which period beings to
run.
156.— Under the Code of Civil Ninety days .. The date of the decree or order
Procedure, 1908 (V of appealed from.
1908), to a High
Court, except in the cases
provided for by article 151
and article 153.
157.— Under the Code of Six months .. The date of the order appealed
Criminal Procedure, from.
1898 (V of 1898),
from an order of acquittal.
THIRD DIVISION : APPLICATIONS.
Description of application. Period of limitation. Time from which period begins to
run.
1
[158.— Under the Arbitration Thirty days .. The date of service of the notice of
Act, 1940 (X of 1940), filling of the award.]
to set aside an award or
to get an award remitted
for reconsideration.
159.— For leave to appear and
defend a suit under
4
summary procedure [Ten days] .. When the summons in served.
referred to in section
128 (2)(f) 2[or under
Order XXXVII]
3
of the [Code of
Civil Procedure, 1908
(V of 1908)].
160.— For an order under the
same Code, to restore to Fifteen days .. When the application for review is
the file an application rejected.
for review
1
Subs. (from the 1st July, 1940) by the Arbitration Act, 1940 (10 of 1940), s. 49 (2) and Fourth Sch., for Art. 158 which was previously amended by the
Repealing and Amending Act, 1919 (18 of 1919), s.2 and First Sch.
2
Ins. by the Indian Limitation (Amdt.) Act, 1925 ( 30 of 1925), s.3
3
Subs. by Act 10 of 1940, Fourth Sch., for “same Code” (from 1st July, 1940).
4
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First Sch., for “Ditto”.
Page 41 of 47
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.
3
161.— For a review of [Fifteen days] The date of the decree or order.
1
judgment by a *
Court of Small
Causes 2* * * or by a
Court invested with the
jurisdiction of a 1* Court
of Small Causes when
exercising that
jurisdiction.
162.— For a review of Twenty days The date of the decree or order.
4
judgment by [a High
1
The word “provincial” omitted by the Berar Laws Act, 1941 (4 of 1941), s.2 and Third Sch. (with effect from the 1st August, 1941).
2
The parentheses and words “(other than Presidency Small Cause Court)” which were ins. ibid. (with effect from the 1st August, 1941), have been
omitted by the Federal Laws (Revision and Declaration) Act, 1951 (26 of 1951), s.3 and Second Sch.
3
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and 1st Sch., for “Ditto”.
4
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2nd Sch. (with effect from the 14th October, 1955), for “any of *[the
following Courts, namely] the †[High Court of East Bengal, the High Court, at Lahore] and the Chief Court of Sind”.* Ins. by the Repealing and
Amending Act, 1927 (10 of 1927), s.2 and First Sch. *The original words were “High Courts of Judicature at Fort William, Madras, and Bombay or the
Chief Court of the Punjab or the Chief Court of Lower Burma”. The Sind Courts (Supplementary) Act, 1926 (34 of 1926) which was to come into force
on the commencement of the Sind Courts Act, 1926 (Bom. 7 of 1926), directed the insertion of the words “or the Chief Court of Sind” after the word
“Bombay”. Though this amendment had not come into force the words “Bombay, Lahore and Rangoon and the Chief Court of Sind” were subs. for the
words “and Bombay or the Chief Court of Sind or the Chief Court of the Punjab or the Chief Court of Lower Burma” by Act 10 of 1927, s.2 and First
Sch. for the words “Lahore and Rangoon”.
Page 42 of 47
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 Thirty days .. The date of the dismissal.
a dismissal for
default of appearance or
for failure to pay costs
of service of process
or to furnish security for
costs.
164. — By a defendant, for an 2
[Thirty days] .. The date of the decree or where
order to set aside a the summons was not duly served,
decree passed ex when the applicant has knowledge
parte. of the decree.
165. — Under the Code of Civil 2
[Thirty days] .. The date of the dispossession.
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.
the words “Lahore, Rangoon and Nagpur” were subs. by the C.P. Courts (Supplementary) Act, 1935 (8 of 1935), s.2 and Sch., and the word “Rangoon”
was omitted by A.O., 1937. Lastly A.O., 1949, substituted “High Courts of Judicature at Fort William, Madras, Bombay, Lahore and Nagpur” by “High
Court of East Bengal, the High Court at Lahore”.
1
Article 162A as ins. by the Limitation (Amdt.) Ordinance, 1962 (43 of 1962), s.5 has been omitted by the Limitation (Amdt.) Act, 1965, (11 of 1965),
s.2.
2
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and Firstt Sch., for “Ditto”.
Page 43 of 47
THE FIRST SCHEDULE.—contd.
THIRD DIVISION : APPLICATION—contd.
Description of application. Period of limitation. Time from which period beings to run.
2
166.— Under the same Code to [Thirty days] .. The date of the sale.
set aside a sale in
execution of a decree
1
[including any such
application by a
Judgment-debtor.]
2
167.— Complaining of [Thirty days] .. The date of the resistance or
resistance or obstruction obstruction.
to delivery of possession
of immoveable
property decreed or sold
in execution of a
decree.
2[Thirty days]
168.— For the readmission of an .. The date of the dismissal.
appeal dismissed for
want of prosecution.
169.— For the re-hearing of an
2[Thirty days]
appeal heard ex parte. .. 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 2[Thirty days]
.. The date of the decree appealed from.
pauper.
Under the Code of Civil Sixty days.. 4[The date of the order or judgment]
171.—
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].
2[Sixty days]
172.— Under the same Code by .. The date of the order of dismissal.
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.
1
Ins. by the Indian Limitation (Amdt.) Act, 1927 (1 of 1927), s.4 (2).
2
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), s.2 and First, Sch., for “Ditto”.
3
Subs. by the Law Reforms Ordinance, 1972 (12 of 1972), s.2 and Sch., for “an order to set aside an abatement”.
4
Subs. ibid., s.2 and Sch., for “the date of the abatement”.
Page 44 of 47
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 Ninety days .. The date of the decree or order.
judgment except in
the cases provided
for by article 161 and
article 162.
1
174.— For the issue of a notice [Ninety days] When the payment or adjustment
under the same Code, to is made.
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.
175.— For payment of the Six months .. The date of the decree.
amount of a decree
by installments.
2
176.— Under the same Code to [Ninety days] The date of the death of the
have the legal deceased plaintiff or appellant.
representative of a
deceased plaintiff or of a
deceased appellant made
a party.
1
177.— Under the same Code to [Ninety days] The date of the death of the
have the legal deceased defendant or respondent.
representative of a
deceased defendant or of
a deceased
respondent made a
party.
3
[178.—Under the Arbitration Ninety days .. The date of service of the notice of
Act, 1940 (X of 1940), making of the award].
for the filling in
Court of an award.
1
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), for “Ditto”.
2
Subs. by the Indian Limitation and Code of Civil Procedure (Amdt.) Act, 1920 (26 of 1920), s.2, for “Ditto”.
3
Subs. by the Arbitration Act, 1940 (10 of 1940), Fourth Sch., for the original Art. 178 (with effect from the 1st July, 1940).
Page 45 of 47
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 3
[Ninety days] The date of the decree appealed
1
appeal under the [Code from.
of Civil Procedure,
1908 (V of 1908)] to
2
[the Supreme Court] for
leave to appeal.
180. — By a purchaser of Three years .. When the sale becomes absolute.
immoveable property at
a sale in execution
of a decree for delivery
of possession.
181. — Applications for which 4
[Three years]
no period of limitation When the right to apply accrues.
is provided
elsewhere in this
schedule or by section
48 of the Code of
Civil Procedure,
1908 ( V of 1908).
5
* * * * * * *
7
183.— To enforce a judgment, [Six years] .. When a present right to enforce
decree or order of any the judgment, decree or order
6
[High Court] in the accrues to some person capable of
exercise of its ordinary releasing the right :
original civil
jurisdiction, or an
1
Subs. by the Arbitration Act, 1940 (10 of 1940), Fourth Sch., for “same Code” (with effect from the 1st July, 1940).
2
Subs. by A.O., 1961, Art. 2 and Sch. for “His Majesty in Council” (with effect from the 23rd March, 1956).
3
Subs. by the Indian Limitation and Code of Civil Procedure (Amdt.) Act, 1920 (26 of 1920), s.2, for “Ditto”.
4
Subs. by the Repealing and Amending Act, 1923 (11 of 1923), for “Ditto”.
5
Article 182 omitted by the Law Reforms Ordinance, 1972 (12 of 1972) s.2 and Sch., which was previously amended by Ord. 43 of 1962, s.5.
6
Subs. by the Central Laws (Statute Reform) Ordinance, 1960 (21 of 1960), s.3 and 2 nd 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”.
Page 46 of 47
THE FIRST SCHEDULE.—contd.
THIRD DIVISION : APPLICATION—contd.
Description of application. Period of limitation. Time from which period beings to
run.
1
order of [the supreme Provided that when the judgment,
Court]. decree or order has been revived,
or some part of the principal
money secured thereby, or some
interest on such money has been
paid, or some acknowledgment of
the right thereto has been given in
writing signed by the person liable
to pay such principal or interest or
his agent, to the person entitled
thereto or his agent, the twelve
years shall be computed from the
date of such revivor, payment or
acknowledgment or the latest of
such revivors, payments or
acknowledgments, as the case may
be.
THE SECOND SCHEDULE.—[TERRITORIES REFERRED TO IN SECTION 31.] Rep. by the
Repealing and Amending Act, 1930 (VIII of 1930), s.3 and Second Schedule.
THE THIRD SCHEDULE.—[ENACTMENTS REPEALED.]
Rep. by the Second Repealing and Amending Act, 1914 (XVII of 1914),
s.3 and Second Schedule.
1
Subs. by F.A.O. 1961, Art. 2 and Sch., for “His Majesty in Council” (with effect from the 23rd March, 1956).
Page 47 of 47
Source: Pakistan Code, Ministry of Law and Justice (pakistancode.gov.pk). Text on this page is reproduced verbatim from the official PDF and is provided for reference only. For the authoritative version, always consult the source document or a current reported edition.
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