Under what circumstances does the Limitation Act 1908 allow for the exclusion of time in the calculation of the limitation period for filing any legal proceedings?

The Limitation act 1908 provides for the exclusion of certain periods from the calculation of the limitation period. Following are the certain circumstances;

 

i-                   The day on which the judgment complained was pronounced.

ii-                 The time requisite for obtaining a copy of the decree, sentence or order. (The time intervening between days on which an application for the copy is made and the day on which the copy is ready for delivery.)

iii-               Misleading in computation of limitation.

iv-               The time during which the defendant has been absent from Pakistan.

v-                 If the Proceeding has been prosecuted in good faith in the court of incompetent jurisdiction, such time period shall also be excluded from the limitation period.

vi-               Imprisonment.bb

vii-             Time period in which application for execution which has been stayed by injunction and order.

viii-           Where a person has a right to institute a suit dies before the right accrues, period of limitation shall be computed from the time when the legal representative is capable of instituting such suit.

ix-               Fraud.

x-                 Acknowledgment in writing.

 


This FAQ is prepared by Sadia Saman Advocate