The Limitation Act, 1908

(ACT NO. IX OF 1908).

[ 7th August, 1908 ]

1
An Act to consolidate and amend the law for the Limitation of Suits, and for
other purposes.

WHEREAS it is expedient to consolidate and amend the law relating to the limitation
of suits, appeals and certain applications to Courts; and whereas it is also expedient
to provide rules for acquiring by possession the ownership of easements and other
property; It is hereby enacted as follows:-

PART I
PRELIMINARY

Short title, extent 1. (1) This Act may be called the Limitation Act, 1908.
and
commencement (2) It extends to the whole of Bangladesh.

(3) This section and section 31 shall come into force at once. The rest
of this Act shall come into force on the first day of January, 1909.

Definitions 2. In this Act, unless there is anything repugnant in the subject or

context,-

(1) “applicant” includes any person from or through whom an applicant

derives his right to apply:

(2) “bill of exchange” includes a hundi and a cheque:

(3) “bond” includes any instrument whereby a person obliges himself to

pay money to another, on condition that the obligation shall be void if a
specified act is performed, or is not performed, as the case may be:

(4) “defendant” includes any person from or through whom a defendant

 derives his liability to be sued:

(5) “easement” includes a right not arising from contract, by which one
person is entitled to remove and appropriate for his own profit any part
of the soil belonging to another or anything growing in, or attached to
or subsisting upon, the land of another:

(6) “foreign country” means any country other than Bangladesh 2[ * *

*]:

(7) “good faith”: nothing shall be deemed to be done in good faith

which is not done with due care and attention:

(8) “plaintiff” includes any person from or through whom a plaintiff

derives his right to sue:

(9) “promissory note” means any instrument whereby the maker

engages absolutely to pay a specified sum of money to another at a time
therein limited, or on demand, or at sight:

(10) “suit” does not include an appeal or application: and

(11) “trustee” does not include a benamider, a mortgagee remaining in

possession after the mortgage has been satisfied, or a wrong-doer in
possession without title.

PART II
LIMITATION OF SUITS, APPEALS AND APPLICATIONS

Dismissal of suits, 3. Subject to the provisions contained in sections 4 to 25 (inclusive),

etc, instituted, etc, every suit instituted, appeal preferred, and application made, after the
after period of period of limitation prescribed therefor by the first schedule shall be
limitation dismissed, although limitation has not been set up as a defence.
Explanation.-A suit is instituted, in ordinary cases, when the plaint is
presented to the proper officer; in the case of a pauper, when his
application for leave to sue as a pauper is made; and, in the case of a
claim against a company which is being wound up by the Court, when
the claimant first sends in his claim to the official liquidator.

Where Court is 4. Where the period of limitation prescribed for any suit, appeal or
closed when application expires on a day when the Court is closed, the suit, appeal
period expires or application may be instituted, preferred or made on the day that the
 Court re-opens.

Extension of 5. Any appeal or application for a revision or a review of judgment or

period in certain for leave to appeal or any other application to which this section may be
cases made applicable by or under any enactment for the time being in force
may be admitted after the period of limitation prescribed therefor, when
the appellant or applicant satisfies the Court that he had sufficient cause
for not preferring the appeal or making the application within such
period.
Explanation – The fact that the appellant or applicant was misled by
any order, practice or judgment of the High Court Division in
ascertaining or computing the prescribed period of limitation may be
sufficient cause within the meaning of this section.

Legal disability 6. (1) Where a person entitled to institute a suit or proceeding or make
an application for the execution of a decree is, at the time from which
the period of limitation is to be reckoned, a minor, or insane, or an
idiot, he may institute the suit or proceeding or make the application
within the same period after the disability has ceased, as would
otherwise have been allowed from the time prescribed therefore in the
third column of the first schedule or in section 48 of the Code of Civil
Procedure, 1908.

(2) Where such person is, at the time from which the period of
limitation is to be reckoned, affected by two such disabilities, or where,
before his disability has ceased, he is affected by another disability, he
may institute the suit or make the application within the same period,
after both disabilities have ceased, as would otherwise have been
allowed from the time so prescribed.

(3) Where the disability continues up to the death of such person, his
legal representative may institute the suit or make the application
within the same period after the death as would otherwise have been
allowed from the time so prescribed.

(4) Where such representative is at the date of the death affected by any
such disability, the rules contained in sub-sections (1) and (2) shall
apply.

Illustrations
 (a) The right to sue for the hire of a boat accrues to A during his
minority. He attains majority four years after such accruer. He may
institute his suit at any time within the years from the date of his
attaining majority.

(b) A right to sue accrues to Z during his minority. After the accruer,
but while Z is still a minor, he becomes insane. Time runs against Z
from the date when his insainity and minority cease.

(c) A right to sue accrues to X during his minority. X dies before

attaining majority, and is succeeded by Y, his minor son. Time runs
against Y from the date of his attaining majority.

Disability of one 7. Where one of several persons jointly entitled to institute a suit or
of several proceeding or make an application for the execution of a decree is
plaintiffs or under any such disability, and discharge can be given without the
applicants concurrence of such person, time will run against them all: but, where
no such discharge can be given, time will not run as against any of them
until one of them becomes capable of giving such discharge without the
concurrence of the others or until the disability has ceased.
Illustrations

(a) 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
concurrence of B and C. Time runs against B, C and D.

(b) A incurs a debt to a firm of which E, F and G are partners. E and F

are insane, and G is a minor. Time will not run against any of them
until either E or F becomes sane, or G attains majority.

Special 8. Nothing in section 6 or in section 7 applies to suits to enforce rights

exceptions of pre-emption, or shall be deemed to extend, for more than three years
from the cessation of the disability or the death of the person affected
thereby, the period within which any suit must be instituted or
application made.
Illustrations

(a) A, to whom a right to sue for a legacy has accrued during his
minority, attains majority eleven years after such accruer. A has, under
the ordinary law, only one year remaining within which to sue. But
 under section 6 and this section an extension of two years will be
allowed him, making in all a period of three years from the date of his
attaining majority, within which he may bring his suit.

(b) A right to sue for an hereditary office accrues to A who at the time
is insane. Six years after the accruer A recovers his reason. A has six
years, under the ordinary law, from the date when his insanity ceased
within which to institute a suit. No extension of time will be given him
under section 6 read with this section.

(c) A right to sue as landlord to recover possession from a tenant

accrues to A, who is an idiot. A dies three years after the accruer, his
idiocy continuing up to the date of his death. A’s representative in
interest has, under the ordinary law, nine years from the date of A’s
death within which to bring a suit. Section 6 read with this section does
not extend that time, except where the representative is himself under
disability when the representation devolves upon him.

Continuous 9. Where once time has begun to run, no subsequent disability or

running of time inability to sue stops it:
Provided that where letters of administration to the estate of a creditor
have been granted to his debtor, the running of the time prescribed for a
suit to recover the debt shall be suspended while the administration
continues.

Suits against 10. Notwithstanding anything hereinbefore contained, no suit against a

express trustees person in whom property has become vested in trust for any specific
and their purpose, or against his legal representatives or assigns (not being
representatives assigns for valuable consideration), for the purpose of following in his
or their hands such property or the proceeds thereof, or for an account
of such property or proceeds, shall be barred by any length of time.
For the purposes of this section any property comprised in a Hindu,
Muslim or Buddhist religious or charitable endowment shall be deemed
to be property vested in trust for a specific purpose, and the manager of
any such property shall be deemed to be the trustee thereof.

Suits on foreign 11. (1) Suits instituted in Bangladesh on contracts entered into in a
contracts foreign country are subject to the rules of limitation contained in this
Act.

(2) No foreign rule of limitation shall be a defence to a suit instituted in

Bangladesh on a contract entered into in a foreign country, unless the
rule has extinguished the contract and the parties were domiciled in
such country during the period prescribed by such rule.

PART III
COMPUTATION OF PERIOD OF LIMITATION

Exclusion of time 12. (1) In computing the period of limitation prescribed for any suit,
in legal appeal or application, the day from which such period is to be reckoned
proceedings 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 excluded.

Exclusion of time 13. In computing the period of limitation prescribed for any suit, the
of defendant’s time during which the defendant has been absent from Bangladesh and
absence from from the territories beyond Bangladesh under the administration of the
3
Bangladesh and [ Government] shall be excluded.
certain other
territories

Exclusion of time 14. (1) In computing the period of limitation prescribed for any suit, the
of proceeding time during which the plantiff has been prosecuting with due diligence
bona fide in Court another civil proceeding, whether in a Court of first instance or in a
without Court of appeal, against the defendant, shall be excluded, where the
jurisdiction 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.

(2) In computing the period of limitation prescribed for any application,

the time during which the applicant has been prosecuting with due
diligence another civil proceeding, whether in a Court of first instance
or in a Court of appeal, against the same party for the same relief shall
be excluded, where such proceeding 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 counted.

Explanation II – For the purposes of this section, a plaintiff or an

applicant resisting an appeal shall be deemed to be prosecuting a
proceeding.

Explanation III – For the purposes of this section misjoinder of parties

or of causes of action shall be deemed to be a cause of a like nature
with defect of jurisdiction.

Exclusion of time 15. (1) In computing the period of limitation prescribed for any suit or
during which application for the execution of a decree, the institution or execution of
proceedings are which has been stayed by injunction or order, the time of the
suspended 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.

Exclusion of time 16. In computing the period of limitation prescribed for a suit for
during which possession by a purchaser at a sale in execution of a decree, the time
proceedings to set during which a proceeding to set aside the sale has been prosecuted
aside execution- shall be excluded.
sale are pending

Effect of death 17. (1) Where a person, who would, if he were living, have a right to
before right to sue institute a suit or make an application, dies before the right accrues, the
accrues 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 person against whom, if he were living, a right to institute a

suit or make an application would have accrued dies before the right
accrues, the period of limitation shall be computed from the time when
there is a legal representative of the deceased against whom the plaintiff
may institute or make such suit or application.

(3) Nothing in sub-sections (1) and (2) applied to suits to enforce rights
of pre-emption or to suits for the possession of immoveable property or
of an hereditary office.

Effect of fraud 18. Where any person having a right to institute a suit or make an
application has, by means of fraud, been kept from the knowledge of
such right or of the title on which it is founded,

or where any document necessary to establish such right has been

fraudulently concealed from him,

the time limited for instituting a suit or making an application-

(a) against the person guilty of the fraud or accessory thereto, or

(b) against any person claiming through him otherwise than in good
faith and for a valuable consideration,

shall be computed from the time when the fraud first became known to
the person injuriously affected thereby, or, in the case of the concealed
document, when he first had the means of producing it or compelling its
production.
Effect of 19. (1) Where, before the expiration of the period prescribed for a suit
acknowledgement or application in respect of any property or right, an acknowledgement
in writing of liability in respect of such property or right has been made in writing
signed by the party against whom such property or right is claimed, or
by some person through whom he derives title or liability, a fresh
period of limitation shall be computed from the time when the
acknowledgement was so signed.

(2) Where the writing containing the acknowledgement is undated, oral

evidence may be given of the time when it was signed; but, subject to
the provisions of the Evidence Act, 1872, oral evidence of its contents
shall not be received.

Explanation I – For the purposes of this section an acknowledgement

may be sufficient though it omits to specify the exact nature of the
property or right, or avers that the time

for payment, delivery, performance or enjoyment has not yet come, or

is accompanied by a refusal to pay, deliver, perform or permit to enjoy,
or is coupled with a claim to a set-off, or is addressed to a person other
than the person entitled to the property or right.

Explanation II – For the purposes of this section, “signed” means

signed either personally or by an agent duly authorized in this behalf.

Explanation III – For the purposes of this section an application for the
execution of a decree or order is an application respect of a right.

Effect of payment 20. (1) Where payment on account of a debt or of interest on a legacy is
on account of made before the expiration of the prescribed period by the person liable
debt as of interest to pay the debt or legacy, or by his duly authorized agent, a fresh period
on legacy of limitation shall be computed from the time when the payment was
made:
Provided that, save in the case of a payment of interest made before the
1st day of January, 1928, an acknowledgment of the payment appears
in the handwriting of, or in a writing signed by the person making the
payment.

Agent of persons 21. (1) The expression “agent duly authorised in his behalf,” in sections
under disability 19 and 20, shall, in the case of a person under disability, include his
lawful guardian, committee or manager, or an agent duly authorised by
 such guardian, committee or manager to sign the acknowledgement or
make the payment.

(2) Nothing in the said sections renders one of several joint contractors,
partners, executors or mortgagees chargeable by reason only of a
written acknowledgment signed or of a payment made by, or by the
agent of, any other or others of them.

(3) For the purposes of the said sections-

(a) an acknowledgment signed, or a payment made, in respect of any

liability, by, or by the duly authorised agent of, any widow or other
limited owner of property who is governed by the Hindu law, shall be a
valid acknowledgment or payment, as the case may be, as against a
reversioner succeeding to such liability; and

(b) where a liability has been incurred by, or on behalf of, a Hindu
undivided family as such, an acknowledgment or payment made by, or
by the duly authorised agent of, the manager of the family for the time
being shall be deemed to have been made on behalf of the whole
family.

Effect of 22. (1) Where, after the institution of a suit, a new plaintiff or defendant
substituting or is substituted or added, the suit shall, as regards him, be deemed to have
adding new been instituted when he was so made a party.
plaintiff or (2) Nothing in sub-section (1) shall apply to a case where a party is
defendant added or substituted owing to an assignment or devolution of any
interest during the pendency of a suit or where a plaintiff is made a
defendant or a defendant is made a plaintiff.

Continuing 23. In the case of a continuing breach of contract and in the case of a
breaches and continuing wrong independent of contract, a fresh period of limitation
wrongs begins to run at every moment of the time during which the breach or
the wrong, as the case may be, continues.

Suit for 24. In the case of a suit for compensation for an act which does not give
compensation for rise to a cause of action unless some specific injury actually results
act not actionable therefrom, the period of limitation shall be computed from the time
without special when the injury results.
damage
Illustration

A owns the surface of a field. B owns the subsoil. B digs coal thereout
without causing any immediate apparent injury to the surface, but at
last the surface subsides. The period of limitation in the case of a suit
by A against B runs from the time of the subsidence.

Computation of 25. All instruments shall, for the purposes of this Act, be deemed to be
time mentioned in made with reference to the Gregorian calendar.
instruments
Illustrations

(a) A Hindu makes a promissory note bearing a Native date only, and
payable four months after date. The period of limitation applicable to a
suit on the note runs from the expiration of four months after date
computed according to the Gregorian calendar.

(b) A Hindu makes a bond, bearing a Native date only, for the
repayment of money within one year. The period of limitation
applicable to a suit on the bond runs from the expiration of one year
after date computed according to the Gregorian Calendar.

PART IV
ACQUISITION OF OWNERSHIP BY POSSESSION

Acquisition of 26. (1) Where the access and use of light or air to and for any building
right to easements have been peaceably enjoyed therewith as an easement, and as of right,
without interruption, and for twenty years,

and where any way or watercourse, or the use of any water, or any
other easement (whether affirmative or negative) has been peaceably
and openly enjoyed by any person claiming title thereto as an easement
and as of right without interruption, and for twenty years,

the right to such access and use of light or air, way, water-course, use of
water, or other easement shall be absolute and indefeasible.

Each of the said periods of twenty years shall be taken to be a period

 ending within two years next before the institution of the suit wherein
the claim to which such period relates is contested.

(2) Where the property over which a right is claimed under sub-section
(1) belongs to the Government, that sub-section shall be read as if for
the words “twenty years” the words “sixty years” were substituted.

Explanation – Nothing is an interruption within the meaning of this

section, unless where there is an actual discontinuance of the possession
or enjoyment by reason of an obstruction by the act of some person
other than the claimant, and unless such obstruction is submitted to or
acquiesced in for one year after the claimant has notice thereof and of
the person making or authorising the same to be made.

Illustrations

(a) A suit is brought in 1911 for obstructing a right of way. The

defendant admits the obstruction, but denies the right of way. The
plaintiff proves that the right was peaceably and openly enjoyed by
him, claiming title thereto as an easement and as of right, without
interruption from 1st January, 1890 to 1st January, 1910. The plaintiff
is entitled to judgment.

(b) In a like suit the plaintiff shows that the right was peaceably and
openly enjoyed by him for twenty years. The defendant proves that the
plaintiff, on one occasion during the twenty years, had asked his leave
to enjoy the right. The suit shall be dismissed.

Exclusion in 27. Where any land or water upon, over or from which any easement
favour of has been enjoyed or derived has been held under or by virtue of any
reversioner of interest for life or any term of years exceeding three years from the
servient tenement 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.

Illustration

A sues for a declaration that he is entitled to a right of way over B’s

land. A proves that he has enjoyed the right for twenty-five years; but B
shows that during ten of these years C, a Hindu widow, had a life
interest in the land, that on C’s death B became entitled to the land, and
 that within two years after C’s death he contested A’s claim to the right.
The suit must be dismissed, as A, with reference to the provisions of
this section, has only proved enjoyment for fifteen years.

Extinguishment 28. At the determination of the period hereby limited to any person for
of right to instituting a suit for possession of any property, his right to such
property property shall be extinguished.

PART V
SAVINGS AND REPEALS

Savings 29. (1) Nothing in this Act shall affect section 25 of the Contract Act,
1872.

(2) Where any special 4[ * * *] law prescribes for any suit, appeal or
application a period of limitation different from the period prescribed
therefore by the first schedule, the provision of section 3 shall apply, as
if such period were prescribed therefor in that schedule, and for the
purpose of determining any period of limitation prescribed for any suit,
appeal or application by any special 5[ * * *] law-

(a) the provisions contained in section 4, sections 9 to 18, and section

22 shall apply only in so far as, and to the extent to which, they are not
expressly excluded by such special 6[ * * *] law; and

(b) the remaining provisions of this Act shall not apply.

(3) Nothing in this Act shall apply to suits under the Divorce Act.

(4) Sections 26 and 27 and the definition of “easement” in section 2

shall not apply to cases arising in territories to which the Easements
Act, 1882, may for the time being extend.

[Repealed] 30-31. [Repealed by section 3 and Schedule of the Repealing and

Amending Act, 1930 (Act No. VIII of 1930).]
32. [Repealed by section 3 and Second Schedule of the Second
Repealing and Amending Act, 1914 (Act No. XVII of 1914).]
1
Throughout this Act, except otherwise provided, the words “Bangladesh”, `Muslim` and `the
High Court Division` were substituted, for the words `Pakistan`, `Muhammadan` and `High
Court` or `a High Court` or `any High Court` respectively by section 3 and 2nd Schedule of the
Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
2
The comma and words “, but includes as Acceding State” were omitted by section 3 and 2nd
Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of 1973)
3
The word `Government` was substituted, for the words `Central Government` by section 3 and
2nd Schedule of the Bangladesh Laws (Revision And Declaration) Act, 1973 (Act No. VIII of
1973)
4
The words “or local” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
5
The words “or local” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).
6
The words “or local” were omitted by section 3 and 2nd Schedule of the Bangladesh Laws
(Revision And Declaration) Act, 1973 (Act No. VIII of 1973).