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PART
III
COMPUTATION
OF PERIOD OF LIMITATION
12.
Exclusion of time in legal proceedings. - (1) In computing the
period of limitation prescribed for any suit, appeal or application,
the day from which such period is to be reckoned shall be excluded.
(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.
17.
Inserted by the Indian Limitation (Amendment) Act, 1929 (1 of 1929),
section 2.
18.
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 "the Provinces and the Capital of the Federation"
which were substituted by the A.O., 1949, for "British India".
(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.
19(5)
For the purposes of subsections (2), (3) and (4), the time requisite
for obtaining a copy of the decree, sentence, order, judgment or
award shall be deemed to be the time intervening between
the
day on which an application for the copy is made and the day actually
intimated to the applicant to be the day on which the copy will
be ready for delivery.
13.
Exclusion of time of defendant's absence from Pakistan etc. and
certain other territories. - In computing the period of limitation
prescribed for any suit, the time during which the defendant has been
absent from 20[Pakistan] and from the territories beyond 19[Pakistan]
under the administration of 21[the 22[Federal] Government]
23[***] shall be excluded.
14.
Exclusion of time of proceeding bona fide in Court without jurisdiction.
- (1) 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 or in a Court of appeal, against the defendant, shall be
excluded, where the proceeding is founded upon the same cause of
action and is prosecuted in good faith in a Court which, from defect
of 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 same party for the
same relief shall be excluded, where such proceeding is prosecuted in
good faith in a Court which, from defect of jurisdiction, or other
cause of a like nature, is unable to 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 instituted
or made, and the day on which the proceedings therein ended, shall
both be counted.
19.
Subsection (5) added by Limitation (Amendment) Act (XIII of 1991),
section 2 (with effect from 6-7-1991).
20.
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 "the Provinces and the Capital of the Federation"
which were substituted by the A.O., 1949, for "British India".
21.
Substituted by the A.O., 1937, for "the Government".
22.
Subs. for the word "Central" by Federal Adaptation of Laws Order
(P.O. 4 of 1975), by Art. 2 and Table dated 1-8-1975.
23.
The words "or the Crown Representative" omitted by the A.O.,
1949.
Explanation
II. - For the purposes of this section, a plaintiff or an applicant
resisting an appeal shall be deemed to be prosecuting a proceeding.
Explanation
III. - For the purposes of this section misjoinder of parties or
of causes of action 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 given 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 purchaser 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 representative
of the decreased capable of instituting or making such suit 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 decreased against
whom the plaintiff may institute or make such suit or application.
Nothing
in subsections (1) and (2) applies to suits to enforce rights of
pre-emption or to suits 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 claiming through him otherwise than in good faith
and for a valuable consideration,
shall
be computed from the time when the fraud first became known to 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 provisions of the Evidence Act, 1872, oral evidence of its contents
shall not be received.
Explanation
I. - For the purposes of this section an acknowledgment may be sufficient
though it omits 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 authorised in this
behalf.
Explanation
III. - For the purposes of this section an application for the execution
of a decree or order is an application in respect of a right.
20.
Effect of payment on account of debt or of interest on legacy. - (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 authorised agent, a
fresh period of limitation shall be computed from the time when the
payment was made:
24.
Substituted by the Indian Limitation (Amendment) Act, 1942 (16 of
1942), section 2 for the original subsection (1).
25[Provided
that 26{* * * *] an acknowledgment of the payment appears in the
handwriting of, or in a writing signed by, the person making the
payment.]
(2)
Effect of receipt of produce of mortgaged land. - Where mortgaged
land is in the possession of the mortgagee, the receipt of the rent or
produce of such land shall be deemed to be a payment for the purpose
of subsection (1).
Explanation.---Debt
includes money payable under a decree or order of Court.
21.
Agent of person under disability. - (1) The expression "agent
duly authorised in his behalf," in sections 19 and 20, shall,
in the case of a person under disability include his lawful guardian,
committee, or manager or a agent duly authorised 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 others of them.
27(3)
For the purposes of the said sections -
(a)
an acknowledgment signed, or a payment made, in respect of any liability,
by, or by the duly authorised agent of, any widow or other limited
owner of property who is governed by the Hindu law, shall be a valid
acknowledgment or payment, as the case may 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 or, payment made by, or by
the duly authorised agent of, the manager of the family for 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 institution of a suit, a new plaintiff of defendant is
substituted or added, the suit shall, as regards him, be deemed to
have been instituted when he was so made a party.
25.
Substituted by the Indian Limitation (Amendment) Act, 1927 (1 of
1927), section 2 for the original proviso.
26.
The commas and words, "save in the case of a payment of interest
made before the 1st day of January, 1928" omitted by Federal Laws
(Revision and Declarations) Ordinance (XXVII of 1981), Second Schedule,
item 48, dated 8-7-1981.
27.
Subsection (3) inserted by the Indian Limitation (Amendment) Act,
1927 (1 of 1927), section 3.
(2)
Nothing in subsection (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 breaches and wrongs. - In the case of continuing breach
of contract and in the case of a continuing wrong independent of
contract, a fresh period of limitation begins to run at every moment
of the time during which the breach or the wrong, as the case may be,
continues.
24.
Suit for compensation for act no actionable without special damage.
- In 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 results.
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