PART
II
LIMITATION OF SUITS, APPEALS AND APPLICATION
3.
DISMISSAL OF SUITS, ETC., INSTITUTED, ETC., AFTER PERIOD OF LIMITATION
-Subject to the provisions contained in section 4 to 25 inclusive),
every suit instituted, appeal preferred, and application made, after the
period of limitation prescribed thereof 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 CASES - Any appeal or application
for 4[a revision or] a review of judgment or for leave to appeal or
any other application to which this may be made applicable 5[by or under
any enactment] for the time being in force may be admitted after the
period of limitation prescribed thereof, 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 6[Division] 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
9[or proceeding] or make an application for the execurtive 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 9[or
proceeding] or make the application within the same period after the
disability, as would otherwise have been allowed from the time prescribed
thereof in the third column of the first schedule 10[or in section 48
of the code of Civil Procedure, 1 08 (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 disability have ceased, as would otherwise have been allowed from
the time so prescribed.
(3)Where
the disability continues to 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.
7.
DISABILITY OF ALONE OF SEVERAL PLAINTIFFS OR APPLICANT.- Where one
of several person jointly entitled to institute a suit 12[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 ben 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 other 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 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 herein before 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.
14[For
the purpose of this section any property comprised in a Hindu,
15[Muslim] 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 trusted thereof.]
11.
SUITS ON FOREIGN CONTRACTS- (1) Suits instituted in 16 [Bangladesh]
on contract 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 defense to a suit instituted
in 16[Bangladesh] on a contract entered into 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.
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