(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. 

13. EXCLUSION OF TIME OF DEFENDANT'S 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 ¹⁶[Bangladesh) and from the territories beyond  ¹⁶[Bangladesh] under the administration of ¹⁷ [Government] 16 ** shall  be excluded. 

14. EXCLUSION OF TIME OF PROCEEDING BONAFIED IN COURT WITHOUT JURISDICTION. - 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 the proceeding is founded upon the dame cause of action and is prosecuted in good faith in  a  Court which,  from  defect  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 defendant, shall be excluded, where the proceeding prosecuted in good faith in Court which, from defect of jurisdiction, or other cause of a lime nature, 
is unable 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 in-stituted 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 parties or of causes of section shall be deemed to be prosecuting a proceeding. 

Explanation III.- For the purpose of this section misjoinder of parties or of causes of section 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 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 purchase 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 re-presentative of the deceased capable of instituting or making such  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 or application. 

(3) Nothing in sub-section (1) and (2) applies to suits to enforce rights of pre-emption or to suit 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 claming through him other wise than in good faith and for a valuable consideration, shall be computed from the time when the fraud first because know is  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 provision of the Evidence Act 1872 (1 to 1872), oral evidence or ts contents shall not be received. 

Explanation I.- For the purposes of this section an acknowledgment may be sufficient though it omit 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 authorized in this behalf. 

Explanation III.- For the purpose of this section an application for 
the execution of a decree or order is an application in respect of 
right. 

20. EFFECT OF PAYMENT ON ACCOUNT OF DEBT OR OF INTEREST ON LEGACY.- 19(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 authorized agent, a fresh period of limitation shall be computed from the time when the payment was made: 

20[Provided that, save in the case of a payment of interest made before the 1st day of January, 1928, an acknowledgment of the payment appears in the handwriting of, such land shall be deemed to be a payment for the purpose of sub-section (1). 

(2) EFFECT OF RECEIPT OF PRODUCE OF MORTGAGED LAND.  Where mortgaged land is in the possession of the mortgaged, the  receipt of the rent of 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 section 19 and 20 shall in the case of  a person under disability include his lawful guardian committee or  manager or an agent duly authorized 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 other of them 

1.[(2)] For the purposes or said sections- 

(a) an acknowledgment signed, or a payment made in respect of any  liability, by, or by the duly authorized agent of. any widow or other limited owner of property who is governed by the Hindu law, shall 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 of payment made by, or by the duly authorized agent of, the manager of the family of 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 institute 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 is 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 BREACHED 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 to every moment of the time during which the breach or the wrong, as the case may be continues. 

24. SUIT FOR COMPENSATION FOR ACT 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 result. 

25. COMPUTATION OF THE MENTIONED IN INSTRUMENTS,- All instruments  shall, for the purpose of this Act, be deemed to be made with  reference to the Gregorian calendar. 

Previous

Next