Limitation Act, 1908 (Pakistan)

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

1. Short title, extent and commencement. --- (1) This Act may be called the 2* Limitation Act, 1908. 

(2) It extends to the whole of Pakistan.] 

1. For Statement of Objects and Reasons, see Gazette of India, 1908, Pt. V, p.22; for Report of the Select Committee, see ibid. 1908, Pt. V, p.223, and for proceedings in Council see ibid., 1908, Pt. VI,  pp.2, 13, 37 and 145. 

The Act has been declared to be in force in Balochistan by the British Balochistan Laws Regulation, 1913 (2 of 1913), section 3. 

It has been applied to Phulera in the Excluded Area of Upper Tanawal to the extent the Act is applicable in the N.-W.F.P., see N.-W.F.P.  (Upper Tanawal) (Excluded Area) Laws Regulation, 1950. 

It has also been extended to the Excluded Area of Upper Tanawal other  than Phulera by the N.-W.F.P. (Upper Tanawal) (Excluded Area) Laws  Regulation, 1950 and declared to be in force that area with effect  from the 1st June, 1951, See N.-W.F.P. Gazette, Extraordinary, dated 
the 1st June, 1951. 

It has also been extended to the Leased Areas of Balochistan, see the  Leased Areas (Laws) Order, 1950 (G.G.O.3 of 1950) and applied in the  Federated Areas of Balochistan, see Gazette of India, 1937, Pt. I,  p.1499. 

The Act as in force in the North-West Frontier Province immediately  before the commencement of N.-W.P.F. Regulation II of 1974 has been  applied to the Provincially Administered Tribal Areas of Chitral, Dir,  Kalam, Swat and Malakand Protected Areas by Provincially  Administered  Tribal  Areas (Application of Laws) (Second) Regulation (II of  1974),  dated 20-5-1974. 

2. The world "Indian" omitted by the A.O., 1949. 

3. Substituted by the Central Laws (Statute Reform) Ordinance, 1960  (21 of 1960), section 3 and Second Schedule (with effect from the 14th  October, 1955), for subsection (2) which was amended by the A.O.,  1949. 

(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) 4["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 5[Pakistan] 6[* *]: 

(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) 7["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. 

4. Substituted vide Limitation (Amendment) Ordinance (LXII of 1980),  section 2(a). 

5. Substituted by the Federal Laws (Revision and Declaration) Act,  1951 (26 of 1951), section 4 and Third Schedule, for "British India". 

6. The words "but includes an acceding State" omitted by Federal Laws  (Revision and Declaration) Ordinance (XXVII of 1981), Second Schedule,  item 48, dated 8-7-1981. 

7. Substituted vide Limitation (Amendment) Ordinance (LXII of 1980),  section 2(b). 

Previous
Next
Copyright@vakilno1.com Archer Infotech Pvt. Ltd. All rights reserved