THE LIMITATION ACT-1908

SECTION DESCRIPTION
3: Dismissal of suits, etc, instituted after ➢ Every suit instituted, appeal preferred
period of limitation: and application made after the expiration
of period of limitation shall be dismissed.
4: Where Court is closed when period ➢ Where the period of limitation prescribed
expires: 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 that day
when Court re-opens.
5: Extension of period in certain cases: ➢ Any appeal or application (for review or
revision) or any application,

➢ May be admitted after the period of

limitation prescribed,

➢ 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.
6: Legal Disability: ➢ When a person, who is entitled to
institute aa suit or make an application
for execution of decree,
❖ Is a minor, insane or an idiot at
the time from which the period of
limitation is to be reckoned,
❖ He may institute the suit or make
an application within same period
after the disability has ceased.

➢ When such person is at the time from

which the period of limitation is to be
reckoned, affected by two such
disabilities,
❖ He may institute the suit or make
an application within the same
period after both disabilities have
ceased.

➢ When 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.

➢ Where such representative is at the date

of the death affected by such disability,
above rule shall apply to him.

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7: Disability of one of several plaintiffs or ➢ If there are several person are under
defendants: disability, if any of them is able to
discharge then limitation will run against
them all.

➢ If there are several person and all are

under disability, no one is capable of
doing discharge, then time will run when
disability has ceased.
8: Special exception: ➢ This rule is special exception to section-
6 and 7 that when any person’s disability
has been ceased or the death of person
affected then time period will not extend
for more than three years, whatsoever
limitation of filling any suit shall be.
9: Continuous running of time: ➢ Where once time has begun to run, no
subsequent disability or inability to sue
stops it.
12: Exclusion of time in legal proceeding: ➢ 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.

➢ In computing the period of limitation

prescribed for an appeal, review, the day
on which the judgment complained of
was pronounced and the time requisite
for obtaining copy of the decree, sentence
or order shall be excluded.

➢ Where a decree is appealed from or to be

reviewed, the time requisite for obtaining
a copy of judgment on which it is found
shall be excluded.

➢ 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.

➢ 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 is made for obtaining the
copy and the day intimated to the
applicant for the delivery of copy.

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13: Exclusion of time defendant, absence ➢ In computing the period of limitation
from Pakistan and certain other prescribed for any suit, the time during
territories: which the defendant has been absent
from Pakistan shall be excluded.
14: Exclusion of time of proceeding Bona ➢ In computing the period of limitation
Fide in Court without jurisdiction: prescribed for any suit, 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 is unable to entertain it.

➢ In computing the period of limitation

prescribed for any application, 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 the proceeding
is prosecuted in good faith in a Court
which from defect of jurisdiction is
unable to entertain it.
15: Exclusion of time during which ➢ In computing the period of limitation
proceedings are suspended: prescribed for any suit or application for
the execution of a decree, the institution
or execution has been stayed by any
order, the time of continuance of the
order, the day on which it was issued or
made and the day on which it was
withdrawn, shall be excluded.

➢ In computing the period of limitation

prescribed for any suit of which notice
has been given in accordance with
requirement of any law, the period of
such notice shall be excluded.
17: Effect of death before right to sue ➢ Where a person, who would, if he were
accrues: 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.

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 ➢ Where a person, against whom, if he
were living, 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
against whom the plaintiff may institute
or make such suit or application.
18: Effect of fraud: ➢ When a person has right to institute suit
or make application is kept unaware of
such right by fraud,
➢ Or document necessary to establish such
right is concealed,
➢ Shall be computed from the time when
the fraud first becomes known to that
person.
19: Effect of acknowledgment in writing: ➢ Acknowledgment in writing, may be
made within period of limitation.
➢ Must be acknowledgment of debt or
liability.
➢ Must be in writing and duly signed by
party against whom right is claimed.
➢ Must be signed by acknowledger.
➢ A fresh period of limitation shall be
computed.
26: Acquisition of right to easements: ➢ Where the access and use of light or air
to and for any building have been
peaceably enjoyed as an easement and as
of right without interruption and for
twenty years,

➢ and where any way or watercourse or use

of any water has been peaceably and
openly enjoyed as an easement for
twenty years.

➢ And such rights are absolute and

indefeasible.

➢ Where the over which right is claimed

belongs to Government such period shall
be considered as sixty years.

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1. The time for filing first appeal in civil cases is 30 days.
2. The time for filing second appeal in civil cases is 60 days.
3. The time for filing civil revision is 90 days.
4. Limitation period of appeal in capital punishment, 7 days.
5. Limitation period of appeal From Magistrate to Sessions Court, 30 days.
6. Limitation period of appeal From Sessions Court to High Court, 60 days.
7. Limitation period of appeal From High Court to Supreme Court, 30 days.
8. Limitation period of appeal From High Court to Supreme Court in special Leave to
Appeal, 30 days.
9. Limitation period of appeal From Magistrate to High Court in acquittal in Challan
Case is 30 days and in Complaint Case 60 days.
10. Limitation period of appeal From Sessions Court to High Court in acquittal in Challan
Case is 30 days and in Complaint Case 60 days.
11. Limitation period of appeal From High Court when case decide by it in its original
jurisdiction and to Division Bench than 20 days in acquittal or conviction as the case
may.
12. Plaintiff has a time of 6 years to file execution.
13. Limitation in civil suits is 3 years from the cause of action.
14. Article 150. Appeal from death sentence to High Court-7 days.
15. Article 151. High Court order on original side-appeal-20 days.
16. Article 154. Appeal to any Court other than High Court-30 days.
17. Article 155. Criminal appeal to High Court-60 days.
18. Article 157. Appeal from acquittal by State-6 months.

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