Preliminary
1. Short title, extent and commencement. —
- This Act may be called the Limitation Act, 1908.
- It extends to the whole of Pakistan.]
- 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,—
- “applicant” includes any person from or through whom an applicant derives his right to apply:
- “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]:
- “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:
- “defendant” includes any person from or through whom a defendant derives his liability to be sued:
- “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:
- “foreign country” means any country other than [Pakistan] :
- “good faith”; nothing shall be deemed to be done in good faith which is not done with due care and attention:
- “plaintiff” includes any person from or through whom a plaintiff derives his right to sue:
- “promissory note” has the same meaning as in the Negotiable Instruments Act, 1881 (XXVI of 1881)]:
- “suit” does not include an appeal or an application: and
- “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.
Table of Contents
Part II – Limitation of Suits, Appeals and Applications
Part III – Computation of Period of Limitation