LIMITATION ACT 1908

Limitation means restriction, Limitation act "time bounds" or "imposes a time limit" in civil cases.
PURPOSES:
1. law has imposed a limitation to secure public peace - Public Policy. Other name of law of
limitation is "law of peace". It brings certainty in public.
2. equity maxims – “equity aids the vigilant not the indolent” and “delay defeats equity”. Law
maxim - "time and tide waits for non".
3. To curtail the floodgate litigation, court never favours flood gate of litigation.
4. Presumption - law presumes that if you do not go to court within specific time period that means
you've forgone your right.
This limitation law applies to whole Pakistan.
Section 3:
Suit filed after the limitation.
 General rule: If you file any plaint, review, appeal and application after time limitation, your suit
will be dismissed.
 This general rule is subject to the provisions from 4 to 25. (exception)
 Even if the opposing counsel has not taken defence of limitation, suit will still be dismissed. As
per law it is the responsibility of court to check if the case is time barred or not but in practice it is
the responsibility of lawyer.
2023 SCMR 291 + 2023 MLD 588
 primarily it is the duty of court to check if limitation applies or not irrespective of other party has
taken defence or not.
 The court held that law requires a person to come to the court with due diligence and within time
provided.

LAW OR TECHNICALITY :
Previously limitation was considered technicality rather than law. it was something that could be fixed.
2023 SCMR 291: Law providing for limitation is not a mere technicality but a law itself.

LIMITATION AGAINST VOID ORDER:

void means “something which wrong from start”. Limitation does not run against the void order (it was
settled law) because it is the mistake of court. for example, court passed the order without jurisdiction.
People started to misuse the “void orders”. Hence these two judgements came:
2023 SCMR 866
The limitation would run even against a void order and an aggrieved party must approach the competent
forum for redressal of his grievance within the period of limitation provided by law.
2023 SCMR 291
There is no relaxation in law affordable to approach the court of law after deep slumber or inordinate
delay under the garb of labeling the order or action void with the articulation that no limitation runs
against the void order.
you will come in time limit whether the order is void or not.

CLOSURE OF COURT:
if the court is closed on the day the limitation end, the suit will be filled on the immediate day on which
the court will re-open but it cannot be even one day late.
2019 CLC 2033, there is summer break from 1 aug to 1 sep. the petitioner limit ends on 8 aug he took his
case to court immediately on the day when court re-opens. the court said the case is time barred but it was
later said that It is well settled that the period during which the Court remains closed on account of
vacations, has to be excluded for the computation of limitation. In holding that the petitioner's
application for leave to defend filed on 01.09.2016, was not barred by time.

How to calculate the limitation: sec 12

1. First day of limit period shall be excluded. The time will be started after the day on which breach
occurred. for example the date for performance was 20th feb then the time limit will start from
21st feb.
2. The date at which a judgement or decree is pronounced, the limitation will start from next date.
3. The time taken for you to obtain certified copy will not be calculated in limitation only when you
can prove from the stamp of copy branch.
4. Time for certified copy will be from the date you give application for certified copy till the copy
is prepared and ready to pick up.