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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).
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