The
Limitation Act
ACT NO. IX OF 1908
ACT NO. IX OF 1908
An
Act to consolidate and amend the law for the Limitation of Suits, and for other
purposes.---
Whereas
it is expedient to consolidate and amend the law relating to the limitation of
suits, appeals and certain 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
PRELIMINARY
1.
Short title, extent and commencement. --- (1) This Act may be called the
Limitation Act, 1908.
(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 in anything repugnant in the subject
or context,---
(1)
“applicant” includes any person from or through whom an applicant derives his
right to apply:
(2)
“bill of exchange” has the same meaning as in section 5 of the Negotiable
Instruments Act, 1881 (XXVI of 1881), and includes a Hundi and a Cheque]:
(3)
“bond” includes any instrument whereby a person obliges himself to pay money to
another, on condition that the obligation shall be void if a specified act is
performed, or is not performed, as the case may be:
(4)
“defendant” includes any person from or through whom a defendant derives his
liability to be sued:
(5)
“easement” includes a right not arising from contract, by which one person is
entitled to remove and appropriate for his own profit any part of the soil
belonging to another or anything growing, or attached to or subsisting, the
land of another:
(6)
“foreign country” means any country other than [Pakistan
(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:
(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 suit, etc. instituted, etc. after period of limitation.---Subject
to the provisions contained in sections 4 to 25 (inclusive), every suit
instituted, appeal preferred, and application made after the period of
limitation prescribed 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.
5.
Extension of period in certain case.--Any appeal or application for [a revision
or] a review of judgment or for leave to appeal or any other application to
which this section may be made applicable [by or under any enactment] for the
time being in force may be admitted after the period of limitation prescribed
therefore, 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.
6.
Legal disability.---(1) Where a person entitled to institute a suit [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 [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 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, both disabilities have ceased, as
would otherwise have been allowed from the time so prescribed.
(3)
Where the disability continues up to the death of such person, his legal
representative may institute the suit or make the application within the same
period after the death as would otherwise have been allowed from the time so
prescribed.
(4)
Where such representative is at the date of the death affected by any such
disability, the rules contained in subsections (1) and (2) shall apply.
7.
Disability of one of several plaintiffs or applicants.---Where one of several
persons jointly entitled to institute a suit 14[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, 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.
8.
Special exceptions.---Nothing in section 6 or in section 7 applies to suits to
enforce rights of pre-emption, or shall be deemed to extend, for more than
three years from the cessation of the disability or the death of the person
affected thereby, the period within which any suit must be instituted or
application made.
9.
Continuous running of time.---Where once time has begun to run, no subsequent
disability or inability to sue stops it:
Provided
that where letters or 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.
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 18[Pakistan
(2)
No foreign rule of limitation shall be a defence to a suit instituted in [Pakistan
PART
III
COMPUTATION OF PERIOD OF LIMITATION
COMPUTATION OF PERIOD OF LIMITATION
12.
Exclusion of time in legal proceedings.---(1) In computing the period of
limitation prescribed for any suit, appeal or application, the day from which
such period is to be reckoned shall be excluded.
(2)
In computing the period of limitation prescribed for an appeal, an application
for leave to appeal and an application for a review of judgment, the day on
which the judgment complained of was pronounced, and the time requisite for
obtaining a copy of the decree, sentence or order appealed from or sought to be
reviewed, shall be excluded.
(3)
Where a decree is appealed from or sought to be reviewed the time requisite for
obtaining a copy of the judgment on which it is founded shall also be excluded.
(4)
In computing the period of limitation prescribed for an application to set
aside an award, the time requisite for obtaining a copy of the award shall be
excluded.
(5)
For the purposes of subsections (2), (3) and (4), the time requisite for
obtaining a copy of the decree, sentence, order, judgment or award shall be
deemed to be the time intervening between the day on which an application for
the copy is made and the day actually intimated to the applicant to be the day
on which the copy will be ready for delivery.
13. Exclusion of time of defendant's
absence from Pakistan etc. and certain other territories.---In computing the
period of limitation prescribed for any suit, the time during which the
defendant has been absent from [Pakistan] and from the territories beyond
[Pakistan] under the administration of [the [Federal] Government] [***] 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
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 causes of
action shall be deemed to be a cause of a like nature with defect of
jurisdiction.
15.
Exclusion of time during which proceedings are suspended.---(1) In computing
the period of limitation prescribed for any suit or application for the
execution of a decree, the institution or execution of which has been stayed by
injunction or order, the time of the continuance of the injunction or order,
the day on which it was issued or made, and the day on which it was withdrawn,
shall be excluded.
(2)
In computing the period of limitation prescribed for any suit of which notice
has been given in accordance with the requirements of any enactment for the
time being in force, the period of such notice shall be excluded.
16.
Exclusion of time during which proceedings to set aside execution sale are
pending.---In computing the period of limitation prescribed for a suit for
possession by a purchaser at a sale in execution of a decree, the time during
which a proceeding to set aside the sale has been prosecuted shall be excluded.
17.
Effect of death before right to sue accrues.---(1) Where a person, who would,
if he were living, have a right to institute a suit or make an application,
dies before the right accrues, the period of limitation shall be computed from
the time when there is a legal representative of the decreased 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 decreased against whom the plaintiff may institute or
make such suit or application.
Nothing in subsections (1) and (2) applies to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of an hereditary office.
Nothing in subsections (1) and (2) applies to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of an hereditary office.
18.
Effect of fraud.---Where any person having a right to institute a suit or make
an application has, by means of fraud, been kept from the knowledge of such
right or of the title on which it is founded or where any document necessary to
establish such right has been fraudulently concealed from him, the time limited
for instituting a suit or making an application---
(a)
against the person guilty of the fraud or accessory thereto, or
(b)
against any person 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 in respect of any property or
right, an acknowledgment of liability in respect of such property or right has
been made in writing signed by the party against whom such property or right is
claimed, or by some person through whom he derives title or liability, a fresh
period of limitation shall be computed from the time when the acknowledgment
was so signed.
(2)
Where the writing containing the acknowledgment is undated; oral evidence may
be given of the time when it was signed; but, subject to the provisions of the
Evidence Act, 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 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 authorised 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.--- 24[(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)
Effect of receipt of produce of mortgaged land.---Where mortgaged land is in
the possession of the mortgagee, the receipt of the rent or produce of such
land shall be deemed to be a payment for the purpose of subsection (1).
Explanation.---Debt
includes money payable under a decree or order of Court.
21.
Agent of person under disability.---(1) The expression "agent duly
authorised 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 a
agent duly authorised by such guardian, committee or manager to sign the
acknowledgment or make the payment.
(2)
Acknowledgment or payment by one of several joint contractors, etc.---Nothing
in the said section renders one of several joint contractors, partners,
executors or mortgagees chargeable by reason only of a written acknowledgment
signed or of a payment made by or by the agent of, any other or others of them.
27(3)
For the purposes of the said sections---
(a)
an acknowledgment signed, or a payment made, in respect of any liability, by,
or by the duly authorised agent of, any widow or other limited owner of
property who is governed by the Hindu law, shall be a valid acknowledgment or
payment, as the case may be, as against a reversioner succeeding to such
liability; and
(b)
where a liability has been incurred by, or on behalf, of, a Hindu undivided
family as such, an acknowledgment or, payment made by, or by the duly
authorised agent of, the manager of the family for the time being shall be
deemed to have been made on behalf of the whole family.]
22.
Effect of substituting or adding new plaintiff or defendant.---(1) Where after
the institution of a suit, a new plaintiff of defendant is substituted or
added, the suit shall, as regards him, be deemed to have been instituted when
he was so made a party.
(2)
Nothing in subsection (1) shall apply to a case where a party is added or
substituted owing to an assignment or devolution of any interest during the
pendency of a suit or where a plaintiff is made a defendant or a defendant is
made a plaintiff.
23.
Continuing breaches and wrongs.---In the case of 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 no actionable without special damage.---In 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.
PART
IV
ACQUISITION OF OWNERSHIP BY POSSESSION
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 any openly enjoyed by any
person claiming title thereto as an easement and as of right without
interruption, and for twenty years, the right to such access and use of light
or air, way, watercourse, use of water, or other easement shall be absolute and
indefeasible.
Each
of the said periods of twenty years shall be taken to be a period ending within
two years next before the institution of the suit wherein the claim to which
such period relates is contested.
(2)
Where the property over which a right is claimed under subsection (1) belongs
to [the Government], that subsection shall be read as if for the words
"twenty years" the words "sixty years" were substituted.
Explanation.---Nothing
is an interruption within the meaning of this section, unless where there is an
actual discontinuance of the possession or enjoyment by reason of an
obstruction by the 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 authorising the same to be made.
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 the 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.
PART
V
SAVINGS
AND REPEALS
29.
Savings.---[(1) Nothing in this Act shall affect section 25 of the Contract
Act, 1872.
(2)
Where any special or local law prescribes for any suit, appeal or application a
period of limitation different from the period prescribed therefore by the
First Schedule, the provisions of section 3 shall apply, as if such period were
prescribed therefore in that Schedule, and for the purpose of determining any
period of limitation prescribed for any suit, appeal or application by any
special or local law---
(a)
the 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 the Act shall not apply.]
(3)
Nothing in this Act shall apply to suits under the Divorce Act.
(4)
Sections 26 and 27 and the definition of "easement" in section 2
shall not apply to cases arising in territories to which the Easements Act,
1882, 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), section 3 and Second
Schedule].
30.
S.28 omitted by Limitation (Amendment) Act (II of 1995), S.2, dated 18-10-1995.
32.
(Repeals).---Repealed by the Second Repealing and Amending Act, 1914 (XVII of
1914), Section 3 and Second Schedule.
THE FIRST SCHEDULE
(See section 3)
FIRST DIVISION : SUITS
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Description of suit
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Period of limitation
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Time from which period begins to run
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1. To contest an award of the Board or Revenue under the
Waste Lands (Claims) Act, 1863.
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Thirty days
Part II.---Ninety days |
When notice of the award is delivered to the plaintiff.
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2. For compensation or doing or for omitting to do an act
alleged to be in pursuance of any enactment in force for the time being in [
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Ninety days
Part III.---Six months Six months |
When the act or omission takes place
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3. Under the Specific Relief Act, 1877, section 9 to
recover possession of immovable property.
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Part IV ---One Year |
When the dispossession occurs.
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5. Under the summary procedure referred to in section 128(2)(f)
of the Code of Civil Procedure, 1908 [where the provision of such summary
procedure does not exclude the ordinary procedure in such suits
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[One year]
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When the debt or liquidated demand becomes payable or when
the property becomes recoverable.
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6. Upon a Statute, Act,
Regulation or Bye-law, of a penalty or forfeiture. |
One year
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When the penalty or forfeiture is incurred.
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7. For the wages of a household servant, artisan or
labourer
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[One year].
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When the wages accrue due
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8. For the price of food
or drink sold by the keeper of a hotel, tavern or lodging house. |
[One year].
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When the food or drink is delivered.
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9. For the price of lodging.
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[One year]
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When the price becomes
payable. |
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10. To enforce a right of pre-emption whether the right is
founded on law, or general usage, or on special contract.
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[One year]
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When the purchaser takes, under the sale sought to be
impeached, physical possession of the whole of the property sold, or, where
the subject of the sale does not admit of physical possession, when the
instrument of sale is registered.
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11. By a person against whom any of the following orders
has been made to establish the right which he claims to the property
comprised in the order:
(1) Order under the Code of Civil Procedure, 1908, on a claim preferred to, or an objection made to the attachment of, property attached in execution of a decree; |
[One year]..
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The date of the order.
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11-A. By a person against whom an order has been made
under the Code of Civil Procedure, 1908, upon an application by the holder or
a decree for the possession of immovable 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.
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[One year]..
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The date of the order.
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12. To set aside any of the following sales:--
(a) Sales in execution of a decree of a Civil Court; (b) sale in pursuance of a decree or order of a Collector or other officer of revenue (c) sale for arrears of Government revenue, or for any demand recoverable as such arrears; (d) sale of a patni taluq sold for current arrears of rent. Explanation.---In this article "patni" includes any intermediate tenure saleable for current arrears of rent. |
[One year]
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When the sale is confirmed, or would otherwise have become
final and conclusive had no such suit been brought.
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13. To alter or set aside a decision or order of a
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[One year]
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The date of the final decision or order in the case by a
Court competent to determine if finally
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14. To set aside any act
or order of an officer of Government in his official capacity, not herein otherwise expressly provided for. |
[One year].
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The date of the act or order.
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15. Against Government to set aside any attachment, lease
or transfer of immovable property by the Revenue Authorities for arrears of
Government revenue.
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[One year]
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When the payment is made.
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16. Against Government to recover money paid under protest
in satisfaction of a claim made by the revenue authorities on account of
arrears of revenue or on account of demands recoverable as such arrears.
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[One year]
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When the payment is made.
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17. Against Government for
compensation for land acquired for public purposes. |
[One year]
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The date of determining the amount of the compensation.
|
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18. Like suit for compensation (when the acquisition is
not completed).
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[One year]
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The date of the refusal to complete.
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19. For compensation for false imprisonment.
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[One year]
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When the imprisonment ends.
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20. By executors, administrators or representatives under
the Legal Representatives Suits Act, 1855.
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[One year]
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The date of the death of the person wronged.
|
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21. By executors,
administrators or representatives under the Fatal Accidents Act, 1855. |
[One year]
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The date of the death of the person killed.
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22. For compensation for any other injury to the person.
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[One year]
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When the injury is committed.
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23. For compensation for malicious prosecution
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[One year]
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When the plaintiff is a acquitted, or the prosecution is
otherwise
terminated. |
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24. For compensation for libel.
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[One year]
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When the libel is published.
|
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25. For compensation for slander.
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[One year]
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When the words are spoken
spoken or, if the words are not actionable in themselves, when the special damage complained of results. |
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26. For compensation for loss of service occasioned by the
seduction of the plaintiff's servant or daughter.
|
[One year]
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When the loss occurs.
|
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27. For compensation for including a person to break a
contract with the plaintiff.
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[One year]
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The date of the breach
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28. For compensation for an illegal, irregular or
excessive distress.
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[One year]
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The date of the distress.
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29. For compensation for wrongful seizure of movable
property under legal process.
|
[One year]
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The date of the seizure.
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30. Against a carrier for
compensation for losing or injuring goods. |
[One year]
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When the loss of injury occurs
|
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31 Against a carrier for compensation for non-delivery of,
or delay in delivering goods.
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[One year]
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When the goods ought to be delivered.
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[One year]
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[One year]
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[One year]
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Part V.---Two Years
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32. Against one who, having a right to use property for
specific purposes, perverts it to other purposes.
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Two years
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officer of Reven When the perversion first becomes known
to the person injured thereby.
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33. Under the Legal Representatives' Suits Act, 1855,
against an executor.
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Two years
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When the wrong complained of is done.
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34. Under the same Act
against an administrator. |
Two years
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-Ditto-
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35. Under the same Act
against any other representative. |
Two years
|
-Ditto-
|
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36. For compensation for any malfeasance misfeasance or
non-feasance independent of contract
and not herein specially provided for. |
Two years
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When the malfeasance, misfeasance or nonfeasance takes
place.
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PART IV.---Three Years
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37. For compensation for obstructing a way for a
watercourse.
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Three years
Three years |
The date of the obstruction.
The date of the diversion |
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38. For compensation for diverting a watercourse.
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Three years
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The date of the diversion
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39. For compensation for ... trespass upon immovable
property.
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Three years
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The date of trespass.
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40. For compensation for infringing copyright or any other
exclusive privilege.
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Three years
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The date of the infringement.
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41. To restrain waste.
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Three years
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When the waste begins.
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42. For compensation for injury caused by an injunction
wrongfully obtained.
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Three years
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When the injunction ceases.
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43. Under the 50[Succession Act, 1925, section 360 or
section 361,] by a person to whom an executor or administrator has paid a
legacy or distributed assets.
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Three years
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The date of the payment or distribution
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44. By a ward who has
attained majority, to set aside a transfer of property by his guardian. |
Three years
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When the ward attains majority.
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47. By any person bound by an order respecting the
possession of immovable property made under the Code of Criminal Procedure
Code, 1898, 53[**] or by any one claiming under such person, to recover the
property comprised in such order.
|
Three years
|
The date of the final order in the case
|
|
48. For specific movable property lost or acquired by
theft, or dishonest misappropriation or conversion, or for compensation for
wrongfully taking or detaining the same.
|
Three years
|
the possession of the property first learns in whose possession
it is.
|
|
55[48-A. To recover movable property conveyed or
bequeathed in trust, deposited or pawned, and afterwards bought from the
trustee, depository or pawnee for a valuable consideration.
|
Three years
|
When the same becomes known to the plaintiff.
|
|
56[48-B. To set aside sale of movable property comprised
in a Hindu, Muhammadan or Buddhist religious or charitable endowment made by
a manager thereof for a valuable consideration.
|
Three years
|
When the sale becomes known to the plaintiff]
|
|
49. For other specific movable property, or for
compensation for wrongfully taking or injuring or wrongfully detaining the
same.
|
Three years
|
When the property is wrongfully taken or injured, or when
the detainer's possession becomes unlawful.
|
|
50. For the hire of animals, vehicles, boats or household
furniture.
|
Three years
|
When the hire becomes payable.
|
|
51. For the balance of money advanced in payment of goods
to be delivered.
|
Three years
|
When the goods ought to be delivered.
|
|
5852. For the price of goods sold and delivered, where no
fixed period of credit is agreed upon.
|
Three years
|
The date of the delivery of the goods.
|
|
5953. For the price of goods sold and delivered to be paid
for after the expiry of a fixed period of credit.
|
Three years
|
When the period of credit expires.
|
|
54. For the price of goods sold and delivered to be paid
for by a bill of exchange, no such bill being given.
|
Three years
|
When the period of the proposed bill elapses
|
|
55. For the price of trees or growing crops sold by the
plaintiff to the defendant where no fixed period of credit is agreed upon.
|
Three years
|
The date of the sale.
|
|
56. For the price of work done by the plaintiff for the
defendant at his request, where no time has been fixed for payment.
|
Three years
|
When the work is done
|
|
6157. For money payable for money lent.
|
Three years
|
When the loan is made
|
|
58. Like suit when the lender has given a cheque for the
money.
|
Three years
|
When the cheque is paid
|
|
6259. For money lent under an agreement that it shall be
payable on demand.
|
Three years
|
When the loan is made.
|
|
60. For money deposited under an agreement that it shall
be payable on demand including money of a customer in the hands of his banker
so payable.
|
Three years
|
When the demand is made.
|
|
61. For money payable to the plaintiff for money paid for
the defendant.
|
Three years
|
When the money is paid.
|
|
62. For money payable by the defendant to the plaintiff
for money received by the defendant for the plaintiff's use.
|
Three years
|
When the money is received.
|
|
63. For money payable for interest upon money due from the
defendant to the plaintiff.
|
Three years
|
When the interest becomes due.
|
|
64. For money payable to the plaintiff for money found to
be due from the defendant to the plaintiff on accounts stated between them.
|
Three years
|
When the accounts are stated in writing signed by the
defendant or his agent duly authorized in this behalf, unless where the debt
is, by a simultaneous agreement in writing signed as aforesaid, made payable
at a future time, and then when that time arrives.
|
|
64A. Under Order XXXVII of the Code of Civil Procedure.
|
Three years
|
When the debt becomes payable.
|
|
65. For compensation for breach of a promise to do
anything at a specified time, or upon the happening of a
specified contingency. |
Three years
|
When the time specified arrives or the contingency
happens.
|
|
66. On a single bond, where a day is specified for
payment.
|
Three years
|
The day so specified.
|
|
67. On a single bond, where no such day is specified.
|
Three years
|
The date of executing the bond.
|
|
68. On a bond subject to a condition.
|
Three years
|
When the condition is broken.
|
|
69. On a bill of exchange or promissory note payable at a
fixed time after date.
|
Three years
|
When the bill or note falls due.
|
|
70. On a bill of exchange payable at sight or after sight,
but not at a fixed time.
|
Three years
|
When the bill is presented.
|
|
71. On a bill of exchange accepted payable at a particular
place.
|
Three years
|
When the bill is presented at that place.
|
|
72. On a bill of exchange or promissory note payable at a
fixed time after sight or after demand.
|
Three years
|
When the fixed time expires.]
|
|
73. On a bill of exchange or promissory note payable on
demand and not accompanied by any writing restraining
or postponing the right to sue. |
Three years
|
The date of the bill or note.
|
|
74. On a promissory note or bond payable by instalments.
|
Three years
|
The expiration of the first term of payment as to the part
then payable; and for the other parts the expiration of the respective terms
of payment.
|
|
75. On a promissory note or bond payable by instalment,
which provides that if default be made in payment of one or more instalments,
the whole shall be due.
|
Three years
|
When the default is made, unless where the payee or
obligee waives the benefit of the provision, and then when fresh default is
made in respect of which there is no such waiver
|
|
76. On a promissory note given by the maker to a third
person to be delivered to the payee after a certain event should happen.
|
Three years
|
The date of the delivery to the payee.
|
|
77. On a dishonoured foreign bill where protest has been
made and notice given.
|
Three years
|
When the notice is given.
|
|
78. By the payee against the drawer of a bill of exchange
which has been dishonoured by non-acceptance.
|
Three years
|
The date of the refusal to accept.
|
|
79. By the acceptor of an accommodation bill against the
drawer.
|
Three years
|
When the acceptor pays the amount of the bill.
|
|
80. Suit on a bill of exchange, promissory note, or bond
not herein expressly provided for
|
Three years
|
When the bill, note or bond becomes payable.
|
|
81. By a surety against the principal debtor.
|
Three years
|
When the surety pays the creditor.
|
|
82.By a surety against a co-surety.
|
Three years
|
When the surety pays anything in excess of his own share.
|
|
83. Upon any other contract to indemnify.
|
Three years
|
When the plaintiff is actually damnified.
|
|
84. By an attorney or vakil for his costs of a suit or a
particular business, there being no express agreement as to the time when
such costs are to be paid.
|
Three years
|
The date of the termination of the suit or business, or
(where the attorney or vakil properly discontinues the suit or business) the
date of such discontinuance.
|
|
85. For the balance due on a mutual, open and current
account, where there have been reciprocal demands between the parties.
|
Three years
|
The close of the years in which the last item admitted or
proved is entered in the account; such year to be computed as in the account.
|
|
86. 87[(a) On a policy of insurance when the sum insured
is payable after proof of the death has been given to or received by the
insurers.
|
Three years
|
88[(a) The date of the death of the deceased.
|
|
(b) On a policy of insurance when the sum insured is
payable after proof of the loss has been given to or received by the
insurers).
|
(b) The date of the occurrence causing the loss.]
|
|
|
87. By the assured recover premium paid under a policy
void-able at the election of the insurers.
|
Three years
|
When the insurers elect to avoid the policy.
|
|
88. Against a factor for an account.
|
Three years
|
When the account is, during the continuance of the agency,
demanded and refused or, where no such demand is made, when the agency
terminates.
|
|
89. By a principal against his agent for movable property
received by the latter and not accounted for.
|
Three years
|
Ditto
|
|
90. Other suits by principals against agents for neglect
or misconduct.
|
Three years
|
When the neglect or misconduct becomes known to the
plaintiff.
|
|
91. To cancel or set aside an instrument not otherwise
provided for.
|
Three years
|
When the facts entitling the plaintiff to have the
instrument cancelled or set aside become known to him.
|
|
92. To declare the forgery of an instrument issued or
registered.
|
Three years
|
When the issue or registration becomes known to the
plaintiff.
|
|
93. To declare the forgery of an instrument attempted to
be enforced
against the plaintiff. |
Three years
|
The date of the attempt.
|
|
94. For property which the plaintiff has conveyed while
insane.
|
Three years
|
When the plaintiff is restored to sanity, and has
knowledge of the conveyance.
|
|
95. To set aside a decree obtained by fraud, or for other
relief on the ground of fraud.
|
Three years
|
When the fraud becomes known to the party wronged.
|
|
96. For relief on the ground of mistake.
|
Three years
|
When the mistake becomes known to the plaintiff.
|
|
97. For money paid upon an existing consideration which
afterwards fails.
|
Three years
|
The date of the failure.
|
|
98. To make good out of the general estate of a deceased
trustee the loss occasioned by a breach of trust.
|
Three years
|
The date of the trustee's death, or, if the loss has not
then resulted the date of the loss.
|
|
99. For contribution by a party who has paid the whole or
more than his share of the amount due under a joint decree, or by a sharer in
a joint estate who has paid the whole or more than his share of the amount of
revenue due from himself and his co-shares.
|
Three years
|
The date of the payment in excess of the plaintiff's own
share.
|
|
100. By a co-trustee to enforce against the estate of the
deceased trustee a claim for contribution.
|
Three years
|
When the right to contribution accrues.
|
|
101. For a seaman's wages.
|
Three years
|
The end of the voyage during which the wages are earned.
|
|
102. For wages not otherwise expressly provided for by
this Schedule.
|
Three years
|
When the wages accrue due
|
|
103. By 93[Muslim] for eligible dower (mu ajjal). (where,
during the continuance of the marriage no such demand has been made) when the
marriage is dissolved by death or divorce.
|
Three years
|
When the dower is demanded and refused or
|
|
104. By a 94[Muslim] for deferred dower (mu ajjal).
|
Three years
|
When the marriage is dissolved by death or divorce.
|
|
105. By a mortgagor after the mortgage has been satisfied,
to recovery surplus collections received by the mortgagee
|
Three years
|
When the mortgagor re-enters on the mortgaged property.
|
|
106. For an account and a share of the profits of a
dissolved partnership.
|
Three years
|
The date of the dissolution.
|
|
107. By the manager of a joint estate of an undivided
family for contribution, in respect of a payment made by him on account of
the estate.
|
Three years
|
The date of the payment.
|
|
108. By a lessor for the value of trees cut down by his
lessee contrary to the terms of the lease.
|
Three years
|
When the trees are cut down.
|
|
109. For the profits of immovable property belonging to
the plaintiff which have been wrongfully received by the defendant.
|
Three years
|
When the profits are received.
|
|
110. For arrears of rent.
|
Three years
|
When the arrears become due.
|
|
111. By a vendor of immovable property for personal
payment of unpaid purchase-money.
|
Three years
|
The time fixed for completing the sale, or (where the
title is accepted after the time fixed for completion) the date of the
acceptance.
|
|
112. For a call by a company registered under any Statute
or Act.
|
Three years
|
When the call is payable.
|
|
113. For specific performance of a contract.
|
Three years
|
The date fixed for the performance, or if no such date is
fixed, when the plaintiff has notice that performance is refused.
|
|
114. For the rescission of a contract.
|
Three years
|
When the facts entitling the plaintiff to have the
contract rescinded first become known to him.
|
|
115. For compensation for the breach of any contract,
express or implied, not in writing registered and not herein specially
provided for.
|
Three years
|
When the contract is broken, or (where there are
successive breaches) when the breach in respect of which the suit is
instituted occurs, or (where the breach is continuing) when it ceases.
|
|
|
Part VII.---Six years.
|
|
|
116. For compensation for the breach of a contract in
writing registered.
|
Six years
|
When the period of limitation would begin to run against a
suit brought on a similar contract not registered
|
|
117. Upon a foreign judgment as defined in the Code of
Civil Procedure, 1908.
|
Six years
|
The date of the judgment
|
|
118. To obtain a declaration that an alleged adoption is
invalid, or never, in fact, took place.
|
Six years
|
When the alleged adoption becomes known to the plaintiff.
|
|
119. To obtain a declaration that an adoption is valid.
|
Six years
|
When the rights of the adopted son, as such are interfered
with.
|
|
120. Suit for which no period of limitation is provided
elsewhere in this schedule.
|
Six years
|
When the right to sue accrues.
|
|
121. To avoid in cumbrances or conclusive under tenures in
an entire estate sold for arrears of Government revenue, or in a patni taluq
or other saleable tenure sold for arrears of rent.
|
Twelve years
|
When the sale becomes final and conclusive
|
|
122. Upon a judgment obtained in 97[
|
Twelve years
|
The date of the judgment or recognizance.
|
|
123. For a legacy or for a share of a residue bequeathed
by a testator, or for a distributive share of the property of an intestate.
|
Twelve years
|
When the legacy or share becomes payable or deliverable.
|
|
124. For possession of 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, of (if there are no profits) when the duties thereof are usually performed. |
|
125. Suit during the life of a Hindu or 1[Muslim] female
by a Hindu or 1[Muslim] who, if the female died at the date of instituting
the suit would be entitled to the possession of land, to have an alienation
of such land made by the female declared to be void except for her life or
until her remarriage.
|
Twelve years
|
The date of the alienation.
|
|
126. By a Hindu governed by the law of the Mitakshara to
set aside his father's alienation of ancestral property.
|
Twelve years
|
When the alienee takes possession of the property
|
|
127.
By a person excluded from joint family property to enforce a right to share
therein.
|
Twelve years
|
When the exclusion becomes known to the plaintiff.
|
|
128. By a Hindu for arrears of maintenance
|
Twelve years
|
When the arrears are payable.
|
|
129. By a Hindu for a declaration of his right to
maintenance.
|
Twelve years
|
When the right is denied.
|
|
130. For the resumption or assessment of rent-free land.
|
Twelve years
|
When the right to resume or assess the land first accrues.
|
|
131. To establish a periodically recurring right.
|
Twelve years
|
When the plaintiff is first refused the enjoyment of the
right.
|
|
132. To enforce payment of money charged upon immovable
property.
|
Twelve years
|
When the money sued for becomes due
|
|
4[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 immovable property, 5[and
(c) advances secured by mortgage by deposit of title deeds] shall be deemed to be money charged upon immovable property. 6[*************] |
|
|
|
134. To recover possession of immovable property conveyed
or -bequeathed in trust or mortgaged and afterwards transferred by the
trustee or mortgagee for a valuable consideration. |
Twelve years
|
7[When the transfer becomes known to the plaintiff.]
|
|
8[134A. To set aside a transfer of immovable property
comprised in a Hindu, 9[Muslim] or Buddhist religious or charitable endowment
made by a manager thereof for a valuable consideration.
|
Twelve years
|
When the transfer becomes known to the plaintiff.
|
|
134B. BY the manager of a Hindu, 9[Muslim] or Buddhist
religious or charitable endowment to recover possession of immovable property
comprised in the endowment which has been transferred by previous manager for
a valuable consideration.
|
Twelve years
|
The death, resignation or removal of the transferor
|
|
134C. By the manager of a Hindu, 9[Muslim] or Buddhist
religious or charitable endowment to recovery possession of movable property
comprised in the endowment which has been sold by a previous manager for a
valuable consideration.
|
Twelve years
|
The death, resignation or removal of the seller.
|
|
135. Suit instituted in a Court 11[other than a High
Court] by a mortgagee for possession of immovable property mortgaged.
|
Twelve years
|
When the mortgagor's right to possession determines.
|
|
136. By a purchaser at a private sale for possession of
immovable property sold when the vendor was out of possession at the date of
the sale.
|
Twelve years
|
When the vendor is first entitled to possession.
|
|
137. Like suit by a purchaser at a sale in execution of a
decree when the judgment-debtor was out of possession at the date of the
sale.
|
Twelve years
|
When the judgment-debtor is first entitled to possession.
|
|
138. Like suit by a purchaser at a sale in execution of a
decree when the judgment-debtor was in possession at the date of the sale.
|
Twelve years
|
The date when the sale becomes absolute.
|
|
139. By a landlord to
recover possession from a tenant. |
Twelve years
|
When the tenancy is determined.
|
|
140. By a remainderman, a reversioner (other than a
landlord) or a devisee, for possession of immovable property.
|
Twelve years
|
When his estate falls into possession.
|
|
141. Like suit by a Hindu or 14[Muslim] entitled to the
possession of immovable property on the death of a Hindu or 14[Muslim]
female.
|
Twelve years
|
When the female dies.
|
|
142. For possession of immovable property when the
plaintiff, while in possession of the property, has been
dispossessed or has discontinued the possession. |
Twelve years
|
The date of the dispossession or discontinuance.
|
|
143. Like suit, when the plaintiff has become come
entitled by reason of any forfeiture or breach of condition.
15[Omitted]. |
Twelve years
|
When the forfeiture is incurred or the condition is
broken.
|
|
145. Against a depository or pawnee to recover movable
property deposited or pawned.
|
Thirty years
|
The date of the deposit or pawn.
|
|
146. Before a 16[High Court] in the exercise of its
ordinary original civil jurisdiction by a mortgagee to recover from the
mortgagor the possession of immovable property mortgaged.
|
Thirty years
|
When any part of the principal or interest was last paid
on account of the mortgage-debt.
|
|
146A. By or on behalf of any local authority for
possession of any public street or road or any part thereof from which it has
been dispossessed or of which it has discontinued the possession.
|
Thirty years
|
The date of the dispossession or discontinuance
|
|
147. By a mortgagee for foreclosure or sale.
|
Sixty years
|
When the money secured by the mortgage becomes due.
|
|
148. Against a mortgagee to redeem or to recover
possession of immovable property mortgaged.
|
Sixty years
|
When the right to redeem or to recovery possession
accrues:
Provided that all claims to redeem arising under instruments of mortgage of immovable 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. 19[Any suit by "or on behalf of the Federal ]20
Government or any Provincial Government] 21[except a suit before the
22[Supreme Court] in the exercise of its original jurisdiction].
|
18[Sixty years]
|
When the period of limitation would begin to run under
this Act against a like suit by a private person.
|
|
150. Under the Code of Criminal Procedure, 1898 from a
sentence of death passed by a Court of Session 23[or by a High Court in the
exercise of its original Criminal Jurisdiction].
|
Seven days
|
The date of the sentence.
|
|
151. From a decree or order of 25[a High Court] in the
exercise of its original jurisdiction.
|
Twenty days
|
The date of the decree or order.
|
|
152. Under the Code of Civil Procedure, 1908 to the Court
of a District Judge.
|
Thirty days
|
The date of the decree or order appealed from.
|
|
153. Under the same Code to High Court from an order of a
Subordinate Court refusing leave to appeal to 26[Supreme Court].
|
27[Third days]
|
The date of the order.
|
|
154. Under the Code of Criminal Procedure 1898, to any
Court other than a High Court.
|
28[Thirty days]
|
The date of the sentence or order appealed from.
|
|
155. Under the same Code to a High Court, except in the
cases provided for by Article 150 and Article 157.
|
Sixty days
|
The date of the sentence or order appealed from
|
|
156. Under the Code of Civil Procedure, 1908, to a High
Court, except in the cases provided for by Article 151 and Article 153.
|
Ninety days
|
The date of the decree or order appealed from.
|
|
157. Under the Code of Criminal Procedure, 1898, from an
order of acquittal.
|
Six months
|
The date of the order appealed from.
|
|
29[158. Under the Arbitration Act, 1940, to set aside an
award or to get an award remitted for reconsideration.
|
Thirty days
|
The date of service of the notice of filing of the award.
|
|
159. For leave to appear and defend a suit under summary
procedure referred to in section 128 (2)(f) 30[or under Order XXXVII of the
31[Code of Civil Procedure, 1908].
|
32[Ten days]
|
When the summons is served.
|
|
160. For an order under the same Code, to restore to the
file an application for review rejected in consequence of the failure of the
applicant to appear when the application was called on for hearing.
|
Fifteen days
|
When the application for review is rejected.
|
|
161. For a review of judgment by a 33* Court of small
Causes 34**** or by a Court invested with the jurisdiction of a 35* Court of
Small Causes when exercising that jurisdiction.
|
32[Fifteen days]
|
The date of the decree or order.
|
|
162. For a review of judgment by 36[a High Court in the
exercise of its original jurisdiction. 37162-A. [Repealed].
|
Twenty days
|
The date of the decree or order.
|
|
163. By a plaintiff for an order to set aside a dismissal
for default of appearance or for failure to pay costs of service of process
or to furnish security for costs.
|
Thirty days
|
The date of the dismissal
|
|
164. By a defendant, for an order to set aside a decree
passed ex parte.
|
Thirty days
|
The date of the decree or where the summons was not duly
served, when the applicant has knowledge of the decree.
|
|
165. Under the Code of Civil Procedure, 1908 by a person
dispossessed of immovable property and disputing the right of the
decree-holder or purchaser at a sale in execution of a decree to be put into
possession.
|
39[Thirty days]
|
The date of the dispossession.
|
|
166. Under the same Code to set aside a sale in execution
of a decree 40[including any such application by a judgment-debtor].
|
39[Thirty days]
|
The date of the sale.
|
|
167. Complaining of resistance of obstruction to delivery
of possession of immovable property decreed or sold in execution of a decree.
|
39[Thirty days]
|
The date of the resistance or obstruction
|
|
168.For the readmission of an appeal dismissed for want of
prosecution
|
39[Thirty days]
|
The date of the dismissal.
|
|
169. For the re-hearing of an appeal heard ex parte.
|
39[Thirty days]
|
The date of the decree in appeal, or, where notice of the
appeal was not duly served, when the applicant has knowledge of the decree.
|
|
170. For leave to appeal as a pauper.
|
39[Thirty days]
|
The date of the decree appealed from.
|
|
171. Under the Code of Civil Procedure, 1908, 42[by the
legal representative of a deceased plaintiff or defendant for setting aside
an order or judgment made or pronounced in his absence].
|
Sixty days
|
43[The date of the order or judgment].
|
|
172. Under the same Code by the assignee or the receiver
of an insolvent plaintiff or appellant for an order to set aside the
dismissal of a suit or an appeal.
|
Sixty days
|
The date of the order of dismissal.
|
|
173. For a review of judgment except in the cases provided
for by Article 161 and Article 162.
|
Ninety days
|
The date of the decree or order.
|
|
174. For the issue of a notice under the same Code, to
show cause why any payment made out of Court of any money payable under a
decree or any adjustment of the decree should not be recorded as certified.
|
Ninety days
|
When the payment or adjustment is made.
|
|
175. For payment of the amount of a decree by instalments.
|
Six months
|
The date of the decree.
|
|
176. Under the same Code to have the legal representative
of a deceased plaintiff or of a deceased appellant made a party.
|
45[Ninety days
|
The date of the death of the deceased plaintiff or
appellant.
|
|
177. Under the same Code to have the legal representative
of a deceased defendant or of a deceased respondent made a party.
|
45[Ninety days
|
The date of the death of the deceased defendant or
respondent
|
|
46[178. Under the Arbitration Act, 1940, for the filing in
Court of an award.
|
Ninety days
|
The date of service of the notice of the making of the
award].
|
|
179. By a person desiring to appeal under the 47[Code of
Civil Procedure, 1908] to 48[the Supreme Court] for leave to appeal.
|
Ninety days
|
The date of the decree appealed from.
|
|
180. By a purchaser of immovable property at a sale in
execution of a decree for delivery of possession.
|
Three years
|
When the sale becomes absolute.
|
|
181. Applications for which no period of limitation is
provided elsewhere in this schedule or by section 48 of the Code of Civil
Procedure, 1908.
50[182. [* * * * * *] |
Three years
|
When the right to apply accrues.
|
|
183. To enforce a judgment, decree or order of any 51[High
Court] in the exercise of its ordinary original civil jurisdiction, or an
order of 52(the Supreme Court).
|
53[Six years]
|
When a present right to enforce the judgment, decree or
order accrues to some person capable of releasing the right:
Provided that when the judgment, decree or order has been revived, or some part of the principal money secured thereby, or some interest on such money has been paid, or some acknowledgment of the right thereto has been given in writing signed by the person liable to pay such principal of interest, or his agent to the person entitled thereto or his agent, the twelve years shall be computed from the date of such reviver payment or acknowledgment or the latest of such revivers, payment 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.
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