Limitation Act 1908

Glance of the limitation Act 1908:

The Act includes the time to file a suit.
Its deals with civil suit only because crime never dies.
It is a procedural law and applies to civil suits, appeals and applications.
This Act has 29 section, 1 schedules and in that schedule there are 183 Articles.
Section-1: Title, extent and commencement.
This act may be called the limitation Act 1908.
This Act extends to the whole of Bangladesh.
This Act shall come into force of Bangladesh first day of January 1909.
Section-3 Dismissal of suit, after period of limitation.
As per section 3 of the limitation Act 1908 if any types of civil-
i. Suits;
ii. Appeals;
iii. Application
Is filed after the period of limitation which prescribed in schedule-1 has been expired then the suits, appeals
and application will be automatically dismissal, even if the opposite party doesnt make any abjection about
the limitation.
Section- 4: When court is closed.
If the limitation period is expires on a day when the court is closed, then the
i. Suits;
ii. Appeals;
iii. Application.
May be instituted on the court reopens day.
Section-5: Extension of period:
In the case of-
An appeal
Application for revision/review of judgment.
Leave to appeal.
Or any other application.
When the application/ application satisfies the preferring the appeal or making the application within
prescribed period. The time limitation can be extended.
Sufficient cause: If the appellant/application has been misleaded by any order, practice or judgment of the
high court in computing the prescribed [period of limitation,
Section-6: Legal Disability: In case of any legal disability of any party the following rules will be
applicable-
1. Single disability: Where a person is entitle to filed or instituted a suit but subsequently subject to
any of his legal disability (minor, insane). Then the limitation period will start form the period of cease of
his legal disability.
Example: Case No. 1
Principle: Legal disability.
Fact: The right to sue for the hire of a boat accrues to A during his minority. He attains majority four
years after such accrue.
Legal issue: Whether A is entitled to institute a suit at the time within 3 years form the date of his
attaining majority.
Decision: Yes A may institute a suit at the time within 3 years from the date of his attaining majority.
Reasoning: As per section 6(1) of the limitation Act 1908 A person is entitled to institute the/a suit within 3
years which is stented after the legal disability of such person have been ceased.
2. More than one disability: If there are more than one disability than the limitation period will start
after the both disability have been ceased.
Example: Case Mo. 2
Principle: Two or more disabilities.
Fact: A right to sue accrue/ accrues to Z during his minority. After the accrues, but while Z is still a
minor he become insane.
Legal issue: when the limitation period of Z will start?
Decision: Time if limitation runs against Z from the date when his insanity and minority ceased.
Reasoning: according to Section 6(2) of the limitation Act 1908
If there are more than one disabilities then the limitation period runs against that person will start after the
both disabilities have ceased.
3. Upto death: Where the disability continues upto the death of any person than his legal
representation death of any party may institute the suit.
Example: Case No 3
Principle: Disability continues upto death.
Fact: A right to sue accrues to X during his minority, X dies before attaining majority and is
succeeded by Y his minor son.
Legal issue: When the time of limitation runs against the Y.
Decision: Time rums against Y from the date of his majority attaining.
Reasoning: According to section 6(3) and (4) of the limitation Act 1908
A time of limitation period will start runs against any legal minor or disable representative of any disable
deceased person or which affected by any disability after the disabilities of such representative have been
ceased .
Section- 7: Disability of one of several plaintiff of applicants:
Where are of several persons jointly entitled to institute a suit or make an application for the execution of a
decree is under any kind of disability then-
1. Time will run against all, where discharge can be given by the competent one, without the consent of
the disable person.
2. Time will not run as against any of them where no such disability can be given.
*Until one of them become capable of giving such disability without the consent of other.
*Until the disability has ceased.
Example: Case No. 4
Principle: Disability of one of more several plaintiff.
Fact: A incurs a debt to a firm of which B, C and D are partners. B is insane and C is a minor. D can give a
discharge of the debt without the consent of B and C.
Legal issue: Whether the time runs against B and C and D or not?
Decision: In this case the time of limitation will runs against B, C and D.
Reasoning: According to section 7 of the limitation Act 1908-
Where any such disability and where disability can be given by the competent one without the concurrence
of such person or other persons who has also entitled to institute a suit then the time of limitation will run
against all.

Case No. 5:
Principle: Disability of one of more several plaintiff.
Fact: A incurs a debt to a time of which E, F and G are partners. E and F are insane, and G is a minor.
Legal issue: When the time will run against them?
Decision: Time of limitation will run against them after their disability has been ceased.
Reasoning: According to section 7 of the limitation Act 1908-
Where no disability can be given and until the disability of those person has ceased time will not runs as
against any of them.
Section 8: Special exception.
The provision of section 6 and 7 will not be applicable in case of pre-emption.
In case of pre-emption the period is 3 years within which any suit must be instituted.
In no case, the period can be extended beyond 3 years from the cease of the legal disability.
Example: Case No. 6
Principle: The period within which any suit must be instituted.
Fact: A to whom a right to sue a legacy has accrued during his minority, attains the majority eleven years
after such accrued. A has under the ordinary law only one year remaining within which to sue.
Legal issue: Whether the extension of two years will be allowed to him or not.
Decision: In this case an extension of two years will be allowed to him to making all the period of 3 years
from the date of his attaining majority within which he may bring his suit.
Reasoning: As per section 8, has on will allowed to extra two years to enforce the right of pre-emption.
Section 9: Continues running of time.
When time once stats never will be stopped by way subsequent disability or inability to sue.
Note: In case of computing the period of limitation for a suit to recover the debt when litters of
administration to the estate of the deceased creditor have been granted to his debtor the time between the
grant of letters of administration and completion of the administration of the estate is excluded.
Section 10: Suit against express trustees and their representative.
No limitation period is applicable in a suit of specific trust.
Without being barred by the law of limitation.
A beneficiary may bring a suit against the trustee to enforce the trust at any distance of time.
A suit against trustee (express trust) is never barred by law.
Section 11: Suit foreign country.
Contracts entered into with a foreign country are subject to the provision of limitation.
If a foreign rule of limitation has operated to extinguish the contract the parties were resident in such
country during the period prescribed by such rule, then such rule can be pleaded/ used as a defense to a suit.
Section 12: Excluded period.
The following period is excluded in case of limitation-
Starting day: In computing the period limitation prescribed to any suit, appeal, or application the day from
which such period is to be started shall be excluded.
In case of Judgment: In computing the period of limitation prescribed for-
An appeal.
Application for leave to appeal.
Application for review of judgment.
The day on which the judgment was pronounced shall be excluded.
In Case of decree/ order: The time necessary to obtaining a copy of decree, sentence or order intended to
appeal or review, shall be excluded.
In case of application to set aside an award: In computing the period of limitation prescribed for on
application to set aside an award the time necessary to obtaining a copy of the award shall be excluded.
Section 13: Exclusion of time of defendants absence.
In computing the period of limitation prescribed to any suit, time during which the defendant has been
absent from Bangladesh and from the territory beyond Bangladesh shall be excluded.
In applies only to the defendant.
It applies only to suit, it does not apply to proceeding on exclusion of a decree.
Section 9 is not applicable if the period will start to run, the defendant absence period can be
excluded.
Section 14: Exclusion of time of proceedings bonafidely filed in any court without having jurisdiction.
Which a civil suit is wrongfully filed in an incompetent court bonafidely with due diligence then the period
that may/ should be excluded-
The day on which the suit or application was instituted.
The day on which the proceeding terminated.
The period between the decisions of the first court.
The period of disposal of an appeal made in good faith.
The essential condition are-
Proceeding is founded upon same cause of action
Made with due diligence.
Acting in good faith.
In a court which suffer defect of jurisdiction.
Section 15: Exclusion of time during proceeding are suspended.
In case of computing the period of limitation for any suit/ an application for the execution of a decree, the
institution or execution of which has been stayed either by-
By injection/ injunction.
By order, then the following period shall be excluded-
a. The time of the continuance of the injunction/ order.
b. The day on which it was withdrawn.
Where notice has been given any suit (according to the existing law) the period of such notice shall be
excluded in computing the period of limitation.
Section 16: The time during which the proceeding to set aside the sale has been prosecuted shall be
excluded in computing the period of limitation.
Section 17: Effect of death before right to sue accrues.
a. Where a person dies before being entitled to instituted a suit on make an application the period of
limitation shall be computed from the time where there is a legal representative of the deceased
capable of instituting or making such suitor application.
b. Where the defendant dies before being legally capable of being sued the period or applications.
c. The rule is not applicable in case of-
Suit to enforce the rights of pre-emption.
Suit for the possession of property.
Suit for the possession of a hereditary office.
Section 18: Effect of fraud:
Where by fraud anyone
Kept from knowledge the right to sue.
Kept from knowledge the title upon which the right is founded.
Concealed any document.
The period of limitation will be computed
Where the fraud first become known to the person
Where the right/ title become known to him.
Where the person first had the means of producing the document.
When the person can compel anyone to produce the document.
It will be effective against
The person guilty of fraud.
The person claiming through him
It will not be effective against
The person acting in good-faith.
The person who acts a valuable consideration.
Section 19: Effect of acknowledgment in writing.
Where before the expiration of the prescribed period to a suit or application in respect of any property or
right, the party against whom such property is claimed made an acknowledgement of liability in writing and
signed in it accepting his liability in respect of such property or right, then a fresh period of limitation shall
be computed from the time when the acknowledgement was so signed.
Essential conditions are---
It must have been made before the expiration of the limitation period.
It must be a writing.
It must be signed the party against whom the right is claimed.
It must be signed either personally or by agent.
The acknowledgement must be an acknowledgement of liability.
Example: How far is a bound by an acknowledgement made by-?
A. A co-partner in his joint Hindu Family,
B. His partner in a commercial firm;
C. An agent.
Answer:
A. A is not bound by an acknowledgement by a co-partner unless the co- partner is-
i. The Manager of the joint Family or,
ii. As Father, and it is in respect of liability incurred by or on behalf of the whole family.
B. In a commercial firm, each partner may be presumed to have authority to acknowledgement on
behalf of the Firm. Thereof, A is bound.
C. A is bound by acknowledgement of his agent only if the agent is duly authorized in this behalf.
Section 20: Effect of payment on account of debt or of interest on legacy:
This section deals with debt which includes the money payable under a decree or order of court.
In case of payment of debt or of interest on a legacy, it is made before the period of limitation then a
fresh period of limitation shall be computed from the time when the payment was made.
In case of a mortgage thee receipt of the rent or produce of such land then it is regarded as a
payment.
The essential condition are ---
It must be paid before the expiration of the limitation period.
It is paid by the person liable to pay the debt or by his duty authorized agent.
Section 21: Agent of disable person.
In case of person under disability the expression agent duly authorized in his behalf includes his guardian,
authorized in his behalf includes his guardian, manager or an agent authorized by such guardian, manager to
sign the acknowledgment (section 19 and 20) or make the payment.
Agent of widow: An acknowledgment signed in respect of any liability by the agent of any widow, who is
governed by the Hindu law, shall be a valid acknowledgement as a reversionary succeeding to such liability.
(Hire succeeding to such property).
Hindu Undivided family: Where an acknowledgment of payment is made by the manager of the family
then it shall be deemed to have been made on behalf of the whole family.
Section 22: Effect of adding new plaintiff.
Where after the institution of a suit a new plaintiff or defendant added, the suit shall be deemed to have been
instituted, when the replacement or adding occurs, for the concerning party.
It has no application during the following case ----
When a party is added or substituted owing to an assignment of an interest during the pendency of
suit.
Where the plaintiff is made the defendant.
Where the defendant is made the plaintiff.
Example:
Principle: Added of new plaintiff.
Fact: A leads a sum to B and C on 1st march 1927. A titles a suit against B for the sum lent on 1st March,
1930. On 15th march 1930 A add C as a co-defendant is the suit. Is the suit barred?
Decision and reasoning: The suit against B is intimae. But C is joined as a co-defendant after the period of
limitation has expired, therefore, as against C the suit is time barred and must be dismissed.
Section 23: Continuing breaching and wrongs.
In the case of a continuing breach of contract and the case of a continuing wrong independent of contract ---
A fresh period of limitation begins an every moment of the time during which the breach or wrong
continues.
Section 24: If the cause of action of any act doesnt result some specific injury then a suit for compensation
is not actionable.
The period of limitation shall be computed from the time when the injury result.
Section 25: Computation of time mentioned in instrument.
All instrument shall, for the purpose of this Act, be deemed to be made with reference to the Gregorian
calendar.
Section 26: Easement right.
Easement right means right to way, light, air, water etc. This right includes a right which not arising from
contract and it is the right which entitled a person to enjoy another land to his own profit without any
interruption.
In case of light and air: When the access and use of light and air have been peacefully enjoyed as a
right without interruption for 20 years it becomes his easement right and shall be absolute and
inalienable.
In case of way and water course: When any way or water Couse or use of water has been peacefully
enjoyed as a right without interruption for 20 years it becomes his easement right and shall be
absolute and inalienable.
In case of govt. property the period is 60 years instead of 20 years.
Time limitation for suit:
When such right is enjoyed for 20 years and then an interruption takes place, the claimant must
institute a suit to establish his right within 2 years of such interruption.
During the suit, the defendant must prove that the right has been enjoyed interrupt for 20 years.
Where 20 years of peaceful enjoyment has been interrupted and no suit is brought within 2 years of
such interruption the right cant be established.
Section 27: Exclusion in favor of versioned of servient tenement.
Where any application claims his easement right through land or water upon any property which has been
enjoyed by virtue of any life interest or any term of years exceeding 3 years, then the time of years
exceeding 3 years, then the time of enjoyment by the later party shall be excluded from the total enjoyment
period of the applicant in the computing the period of 20 years.
Condition: Within next 3 years after the determination of such interest the property owner must deny against
the claim of the easement seeking party.
Example:
Fact: A sues for a declaration that he is entitled to a right of way over Bs land. A proves that he has
enjoyed the right for 25 years but B shows that during ten of these years C, a Hindu widow had a life interest
in the land that on Cs death B became entitled to the land, and that within 2 years after Cs death he
contested As claim to the right.
Decision: The suit must be dismissed as A with reference to the provisions of this section has only proved
enjoyment for 15 years.
Reasoning: Where any land or water upon, over or from which any easement has been enjoyed or derived
has been held under or by virtue of the interest for life or any term of years exceeding three years from the
granting thereof, the time of the enjoyment of such easement during the continuance of such interest or term
shall be excluded in the computation of the period of twenty years in case the claim is, within three years
next after the determination of such interest or term, resisted by the person entitled, on such determination,
to the said land or water.
Section 28: Right to sue extinguish after limited time.
The applicant will lost all his right in the property if the suit has not or cant been make within the limited
period prescribed by this Act.