LIMITATION ACT 1908 PAKISTAN
Limitation Act 1908 Pakistan: Like other laws in Pakistan limitation act 1908 Pakistan is also a civil law. It is one of the important laws in Pakistan. This law in Pakistan normally deals with the time limits to file a case. It is not open for a party to file a civil case in the court whenever he likes. The aggrieved party has to come to the court as soon as possible. The law bar the aggrieved party from coming to the court late without any legal justification. The object of limitation act 1908 Pakistan is to come to the court without delays. Like other laws such as the civil procedure code of Pakistan or the Criminal procedure code Pakistan 1898, this law only deals with the time limit for a party to approach the court. It is not open for a party to approach the court with unnecessary delays.
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The object of limitation act 1908: The object of limitation act 1908 is to solve the legal issues in time. This law establishes the legal time frame for different types of cases to be instituted in the court. The main object of limitation act 1908 Pakistan was to finish the endless litigation. The law says that if a party to a case wishes to come to court then the party should come to court in time. Now the different types of actions have different types of limitation periods. These limitation periods for different actions are given in the Schedule of limitation act of 1908 Pakistan. Different limitation periods through lawyers in Pakistan start from the date when the right to initiate action accrues. This right to initiate action is also subject to certain exceptions.
Computation of limitation period: As mentioned above the limitation period starts when the right to initiate action accrues but it can be computed. The limitation period can be computed by taking into account various factors like below.
- Continuous breach: If the right of the concerned party is continuously breached then the limitation period can be computed. This plea is mostly used by the law firms in Pakistan.
- Knowledge of breach: If the concerned party came to know about the breach of the right later on then the limitation period will start when it comes to the knowledge of the party.
- Part performance: If after the breach of a right, the other party has partially performed his duty then the limitation period will start when the partial performance of the duty has been performed by the other party.
- Partial payment: When the issue is related to the payment then the limitation period will start when partial payment by the other party is done.
- Minority: When the right of a minor is infringed then during the period of the minority the limitation period will not start.
- Mentality: When the right of such a person is infringed who is insane then during the period of insanity the limitation period will not start. Insanity is a bar to the limitation period
Note: The Khula in Pakistan services is the Main Services of Jamila Law Associate