(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 application to Courts and whereas it is
also expedient to provide rules for acquiring by possession the ownership
of easements and other property, it is hereby enacted as follows:-
PART
I
PRELIMINARY
1.
SHORT TITLE, EXTENT AND COMMENCEMENT.-(1) This Act may be called
the 2*Limitation Act, 1908.
3[(2)
It extends to the whole of Bangladesh.]
(3)
This section and section 31 shall come into force at once. The rest
of this Act shall come into force on the first day of January,1909.
2.
DEFINITIONS. In this Act, unless there is anything repugnant in
the subject or context,-
(1)
"applicant" includes any person from or through
whom an applicant derives has right to apply :
(2)
"bill of exchange" includes a hundi and a cheque
:
(3)
"bond" includes any instrument whereby a person
obliges himself to pay money to another, on condition that the obligation
shall be void if a specified act is performed, or is not performed,
as the case may be :
(4)
"defendant" includes any person from or through
whom a defendant derives his liability to be used :
(5)
"easement" includes a right not arising from
contract, by which one person is entitled to remove and appropriate
for his own profit any part of the soil belonging to another or anything
growing in, or attached to or subsisting upon, the land of
another :
(6)
"foreign country" means any country other than
3[Bangladesh]3A[ * * * *]
(7)
"good faith" nothing shall be deemed to be done
in good faith which is not done with due care and attention :
(8)
"plaintiff" includes any person from or through
whom a plaintiff derives his right to use;
(9)
"promissory note" means any instrument whereby the
maker engages absolutely to pay a specified sum of money to another
at a time therein limited, or on demand, or at sight :
(10)
"suit" does not include an appeal or an application
: and
(11)
"trustee" does not include a benamdar, a mortagagee
remaining in possession after the mortgage has been satisfied or a wrong
doer in possession without title.
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