The Limitation Act 1908: Deadlines That Can Make or Break Your Case

A strong claim filed one day late is, for most purposes, no claim at all. The Limitation Act 1908 still governs the time within which suits, appeals and applications must be brought in Pakistan, and the courts apply it strictly. For the practising advocate, limitation is less a doctrine to argue than a deadline to never miss.

When does time start running?

The single most important question in any limitation analysis is when the cause of action accrued — when the clock started. For a suit on a contract it may be the date of breach; for recovery it may be the date the amount became due; for an appeal it is the date of the decree or order, with time for obtaining a certified copy excluded. Identify that starting date precisely and the rest is arithmetic.

• Suits for money lent or on an account — typically three years
• Suits on a written contract — generally three years from breach
• Appeals to the High Court — commonly ninety days
• Applications for execution — within the period prescribed under the schedule

These are illustrative, not a substitute for reading the Schedule against your facts. The point is that each category carries its own period and its own starting event.

Condonation of delay is a cure, not a plan

Section 5 allows the court to condone delay in certain applications and appeals where sufficient cause is shown. But relying on condonation is a strategy of last resort. It costs time, invites opposition, and is never guaranteed. The professional approach is to treat every limitation date as immovable.

“Condonation of delay is a parachute. It is far better never to fall.”

How Legal Diary helps

Legal Diary’s Limitation calculator lets you enter the triggering date and the category, and returns the deadline with a countdown — then drops it straight onto your calendar with advance reminders. Limitation stops being a number you carry in your head and becomes an alert you cannot miss.

Protect your next filing — start a free Legal Diary trial and put your limitation dates on autopilot.