Limitation Act 1908 (Act Nine)

enforcement date - [1st January 1909]

(29 sections)

 Limitation period: time limit for filing/lodging a suit/appeal/application. It starts

from the day the cause of action accrues e.g. the date of breach of contract,
dispossession from land, injury etc.
 Cause of action means right to sue.
 Limitation period only applies to civil suits. Civil liability never extinguishes. It can
only become time barred.
 Criminal liability has no limitation period and only extinguishes upon death of
the accused.
 Limitation period starts running against the plaintiff.
 Limitation period stops running once Plaintiff files case against the Defendant.
 Limitation is usually pleaded as a defense and decided on merit. [Order 7 rule 11
usually does not apply to limitations in accordance with judgments of the Apex
Court]

s.3: suits/appeals/applications lodged after expiry of limitation period shall be

dismissed

s.4: if the court is closed on the day the limitation period expires, then the
suit/appeal/application can be instituted on the next day the court reopens.

Extension/condonation of delay:

s.5: in case of appeals and applications, the limitation period may be extended if court
is satisfied that there is sufficient cause for not complying with the time limit.

Legal disability:

s.6: Where the Plaintiff is suffering from legal disability by reason of being a
minor/insane /idiot on the date the cause of action accrued, limitation period will start
to run after the disability ceases.

 If the disability continues until death of the plaintiff, his legal representatives can
bring the claim within the same time period as specified in statute.
 If a person is suffering from consecutive disability (e.g. before one disability ends
another starts) time starts to run only after all disability ceases.

Barrister Shamsun Nahar Mahmood

mti.khan6814@gmail.com
LL.B. (Hon’s), PGDL, LL.M., UK
01789953920
Programme Leader, BTT & Enrollment Courses
Nottingham Law Academy, Dhanmondi Campus
 Page-2 of 4

s.7: where there are multiple plaintiffs, and only one of them are affected by disability,
then limitation period will still run if the case can be discharged without the consent of
the disabled person.

However, if the discharge without consent is not possible then limitation period will not
run until disability cases or consent can be obtained.

s.9: once limitation period starts running it cannot be stopped by subsequent disability.

Exceptions:

s.10: limitation period does not run where the suit is against a trustee or his legal
representative.

s.11: for foreign contracts, the same period of limitation applies (3 years) and any
foreign limitation period does not apply.

s.12: Limitation period must be calculated excluding the time spent during legal
procedure:

 the day the cause of action accrued is not counted. time starts running from next
day.
 the day of the judgment and the time required to obtain a copy of the order/decree.
 time required to obtain a copy of award, where award is sought to be set aside.

s.13: limitation period does not run for the period the D is absent due to being in certain
areas of Bangladesh or other areas.

s.14 - where suit instituted bona fide in the wrong court, time spend there shall be
excluded from the limitation period.

s.15: limitation period does not run proceedings are suspended/stayed by injection or
other order.

s.17: if a person dies before right to sue accrues, then limitation starts running from the
day there is a legal representative capable of institution the suit.

s.18: if a person is prevented from knowing that he has a right to sue by means of fraud,
or concealing a document or otherwise, then limitation period does not run until the
Plaintiff discovered the document or fraud.

Restarting limitation period:

s.19: If the D acknowledges his liability in writing, limitation period will restart..

Barrister Shamsun Nahar Mahmood

mti.khan6814@gmail.com
LL.B. (Hon’s), PGDL, LL.M., UK
01789953920
Programme Leader, BTT & Enrollment Courses
Nottingham Law Academy, Dhanmondi Campus
 Page-3 of 4

s.20 : in case of payment of debts or interest on a legacy, limitation period will restart if
part payment is made by the D. It will keep restarting every time D makes part payment.
Includes judgment debt.

s.22: If a new plaintiff or D is added/substituted, then the suit shall be deemed to be

instituted on the day the new party is added/substituted.

s.23: for continuing breaches or wrongs, limitation period restarts every time the
breach/wrong is committed.

s.26: where a person has been enjoying easement of light/way/air or other easement
right for 20 years without interruption that right becomes absolute. In case of govt.
property the time is sixty years.

Schedule:

3 - s.9 of Specific Relief act - 6 months

Compensation:

17 - against government for compensation for land - 1 year

19 - compensation for false imprisonment - 1 year.

22 - compensation for injury - 1 year

23/24 - compensation for libel/slander - 1 year

39 - compensation for trespass - 3 years

Loans/instruments/other:

57 - recovery of loan- 3 years

58 - recovery of money under a cheque - 3 years

91 - setting aside or cancelling an instrument - 3 years

95 - set aside a decree obtained by fraud/ - 3 years

96 - relief claimed for mistake - 3 years

103/104 - exigible/deferred dower - 3 years after dower demanded/refused

113/114 - specific performance of a contract/ recission - 3 years

115 - compensation for breach of contract - 3 years

Barrister Shamsun Nahar Mahmood

mti.khan6814@gmail.com
LL.B. (Hon’s), PGDL, LL.M., UK
01789953920
Programme Leader, BTT & Enrollment Courses
Nottingham Law Academy, Dhanmondi Campus
 Page-4 of 4

120 - suit where no limitation is specified - 6 years

142 - suit of repossession after dispossession - 12 years

Barrister Shamsun Nahar Mahmood

mti.khan6814@gmail.com
LL.B. (Hon’s), PGDL, LL.M., UK
01789953920
Programme Leader, BTT & Enrollment Courses
Nottingham Law Academy, Dhanmondi Campus
 Page-5 of 4

Appeals

150 - appeal against execution death sentence - 7 days

151 - appeal from decree or order of the HC - twenty days

152 - appeal/revision to a district judge - 30 days

154 - appeal in criminal cases (except high court) - 30 days

155 - appeal to HC in a criminal case - 60 days:

156 - civil revision to HC after appeal in the District court – 90 days

157 - appeal against order of acquittal - 6 months

162 - review of HC judgment - 20 days

164 - setting aside exparte decree - 30 days

175 - payment of judgment debt by installments - 6 months

182: execution of any decree of civil court except HC - 3 years; if decree has been
registered then time limit for execution is 6 years.

183 - enforcement of decree/order of HC exercising original jurisdiction - 12 years

McQs marking scheme:

CPc -20
Specific relief Act- 10
CrPC - 20
Penal Code - 20
Evidence - 15
Limitations - 10
Ethics - 5

Barrister Shamsun Nahar Mahmood

mti.khan6814@gmail.com
LL.B. (Hon’s), PGDL, LL.M., UK
01789953920
Programme Leader, BTT & Enrollment Courses
Nottingham Law Academy, Dhanmondi Campus