Limitation Act 1908 l computation of period of limitation l section 12 to 17 limitation act

Описание к видео Limitation Act 1908 l computation of period of limitation l section 12 to 17 limitation act

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.
(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, 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 2
[Pakistan]
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.

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

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.
(4) In computing the period of limitation prescribed for an application to set

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 deceased capable of instituting or making
such suit or application.
(2) Where a person against whom, if he were living.
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