Law of Limitation Act, 1908

(Shah Nawaz Bokhari, Rawalpindi)
The law of limitation Act is very important for all the civil litigation. This act is enforceable in Pakistan. This Act is consisting 181 sections and further divides in different chapter even schedules. The classification of sections is according to the subject matter of suits or nature of the cases.

Object of the Limitation
The object of the limitation Act is to provide shelter to those litigants who have deprived their legal rights may get relief.

BACKGROUND WHY WE NEED OF LIMITATION ACT

Before this law the various issues were raised which demands to enactment the new law even to remove the deficiency of the prevailing laws. People have no remedy to get relief from the courts even they did not knew it or ascertain further proceeding. There was no fixed time period to file the suit. This is a big dilemma to pretend for the lawmaker to enactment new laws or which will help to reduce civil litigation. There is no limitation period before this act. There are twelve maximum which is using in English courts or court of privacy council. A well-known maximum “Delay defeat the equity”. As similar maximum of “Equity helps the vigilant not the indolent”. These principles are set the example for the lawmaker to change the civil procedure with help of Limitation Act. This Act is very help for the litigants in all civil cases. Law of Transfer of Property Act 1964 has been helped the aggrieved party especially in the cases of immovable property. This act is protect the right of the aggrieved party even provide remedy to get relief from courts. This Act is essential for every civil procedure. We need this act to protect our basic rights from illegal occupants.

There were various frauds occurring before the enactment of limitation act. The CPC and limitation Act is interlink with each other. The court is observing prima facie case in the first instance. Sufficient cause is necessary for condoning the delay from the court. When delay is condoned by the court to entertain the plea of the party even formal proceeding shall commence.

Limitation on property suits (Time period)

§ Immoveable Property suits upto 12 years
§ Moveable property utp 06 years
§ The case of Inheritance property is ascertaining by the legal heirs when the knowledge of property (run time automatically whenever acknowledge or ascertain immoveable property).

Essential for Limitation Act
I. To ascertain actual period of time
II. To ascertain actual fault of which party
III. To ascertain the domain of the subject matter
IV. To avoid irregularity of the proceeding
V. Fixation of time
VI. Avoid prolong litigation
VII. Bond under rules & regulations to file the suit
VIII. To provide protection to the legal heirs
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