Carriage of Goods by Sea

A contract of carriage by sea is a contract entered into between a shipper (who may be a seller, a buyer, or an agent of the seller or the buyer), and the carrier (who could be a shipowner, a charterer of a vessel, or their agent), for the purpose of transporting goods from one place to another by sea. Such a contract has the following characteristics:

■ it is made between a shipper and a carrier,

■ it is a contract for providing the services of transporting goods;

■ it involves transmission of goods by sea either partly or entirely; and

■ it often involves transport of goods from one country to another, although in Australia interstate carriage of goods by sea is subject to the same law as international carriage of goods by sea.

A contract of carriage stipulates matters relating to safe conveyance of goods from one designated place to another designated place. The purpose of the contract is to ensure that the goods are carried in a safe and timely manner by the carrier. The rights and duties of the contracting parties are defined on this basis. Generally speaking, the parties should agree on the time and place of shipment and delivery, the route of voyage, the payment of freight, the liabilities of the parties in performing the necessary task of transmitting the goods from the agreed place to their destination, transhipment, liability of the carrier's servants or agents, choice of law choice of forum or arbitration, incorporation of charterparty clauses (if applicable), and any other matters which may affect the rights and liability of the parties.

The agreement on the route of the voyage is important, in order to avoid unnecessary risks, and to ascertain the scope of the carrier's liability when losses or damages arise from unauthorized stopovers. The agreed route of the voyage is also important in practice, in the sense that a certain type of cargo, such as fruits, may only stand a relatively short period of carriage before turning bad, or that the market for a certain type of product is too volatile to stand a long period of carriage. The liabilities of the carrier and shipper will be discussed in detail in the sections dealing with their liability under the Hague-Visby Rules and the Hamburg Rules.

A contract of carriage can be made orally or in writing. Although the existence of a contract of carriage is often represented by a bill of lading, a voyage charterparty, or a similar document, such as a sea waybill, consignment note or a mate's  receipt, the contract can exist independently of the bill of lading, the voyage charterparty or similar document.

In other words, the parties have an option either to conclude a written contract of carriage in addition to the bill of lading issued by the carrier, or to rely on the bill of lading to be the evidence of any prior existent oral contract. For example, article l (b) of the Hague-Visby Rules extends the meaning of a contract of carriage to any document issued or made for the purpose of carriage, and article l(6) of the Hamburg Rules defines a 'contract of carriage as 'any contract whereby the carrier undertakes against payment of freight to carry goods by sea from one port to another'.

Under the Carriage of Goods by Sea Act 1991, a contract of carriage 'means a contract of carriage covered by a sea carriage document (to the extent that the document relates to the carriage of goods by sea), and includes a negotiable sea carriage document issued under a charterparty from the moment at which that document regulates the relations between its holder and the carrier concerned'. The meaning of 'sea carriage document' is also defined in article l(1) of the modified Hague-Visby Rules, incorporated into Schedule 1 and l A of the Carriage of Goods by Sea Act l991. Therefore, it is necessary to remember that a contract of carriage means more than a bill of lading

The meaning of a contract of carriage is flexible, depending on the circumstances And the relevant law applicable. Its flexibility is illustrated by a Canadian case, Her Majesty the Queen v Purolator Courier Ltd., decided on 7 January 1997 in the Supreme Court of British Columbia.

In this case, the Crown charged the respondent for breaches of the Transportation of Dangerous Goods Act and the Transportation of Dangerous Goods Regulations. The Crown alleged that dangerous materials were found in 1995 in two separate sites in the Goods belonging to the respondent. The Crown sought to establish the alleged breaches by referring to the waybills and packing slips found with the goods. The technical argument whether the waybills and packing slips constituted shipping documents or prescribed documents under the relevant law.

The court took the view that the shipping document under the relevant law requires the document has legibly and indelibly printed on it a shipping document identification number and the name of the consignor. Such information was missing from the waybills and packing slips in question. Accordingly, the court held that the waybills and packing slips concerned did not constitute the shipping document required by the relevant law. On this technical ground, the Crown failed. This case suggests that the meaning of similar Documents may vary depending on the circumstances and the relevant law which is applicable to the document in question.

Meaning of carrier

General meaning of carrier

A carrier is a person (either natural or legal) who undertakes the responsibility of transporting goods from one place to another under a contract of carriage, against the payment of freight. It is crucial, for the purpose of determining the responsibilities of the parties to a contract of carriage, that the carrier is the person who is the named party under the contract of carriage. This is because the contract forms the basis of the parties' responsibilities, although the relevant international conventions, such as the Hague-VisbyRules and the Hamburg Rules, stipulate the parties' duties under a contract of carriage falling under the conventions.

The meaning of carrier may vary in different countries, depending on the relevant provisions of law The Australian Carriage of Goods by Sea Act l991 incorporates the Hague-Visby Rules, and also the definition of carrier as adopted in the Hague-Visby Rules. The Chinese Maritime Law does not expressly incorporate any international convention on the carriage of goods by sea, and thus has to provide its own definition of carrier. Article 42 of the Maritime Law defines the meaning of 'carrier' and 'actual carrier', which appears to be similar to the meaning of 'carrier' and 'actual carrier' under article 1 of the Hamburg Rules. New Zealand has also adopted the Hague-Visby Rules, but the Carriage of Goods Act 1979 (NZ) also provides its own definition of carrier. Article 2 of the Carriage of Goods Act 1979 (NZ) defines carrier as a person in the ordinary course of business who carries or procures to be carried goods owned by another person, including a person who performs any 'incidental service' in respect of the goods to be carried. This extends the definition of carrier to include persons, such as consolidators, packers, stevedores, and warehouse workers, who perform services which are undertaken to facilitate the carriage of goods pursuant to the contract of carriage.

The wording of the said provision covers a person performing certain works prior or subsequent to the loading or unloading of the cargo from the vessel. This definition of 'carrier' is much wider than that which is adopted in Australia, which is a member of the Hague-Visby Rules, or China, which has not ratified any of the three conventions on the carriage of goods by sea.

In Nederlandse Speciaal Drukkerijen v Bollinger Shipping Agency [1999], a case involving a shipping company based in Australia and two companies providing packing services in New Zealand, the owner of the printing press which was damaged in the course of shipment from Auckland, New Zealand to Delft, Holland sued in Australia the carrier, and one of the companies packing the printing press. The Supreme Court of New South Wales noted the differences between the meanings of carrier under Australian law and New Zealand law, and the fact that the carriage involved a port in New Zealand and a port in Holland. It decided that the action against the New Zealand company should be stayed in favor of an action in the New Zealand court, and implied that the whole action may as well be tried in New Zealand. The case suggests that the meaning of carrier under different laws certainly affects the liability of a person, in the sense that the person may be held to be a carrier under one law but as an agent or sub-contractor of the carrier under another law.

Meaning of carrier under the Hague-Visby Rules

The Hague-Visby Rules adopt a narrower definition of 'carrier' than the Hamburg Rules. Under the Hague-Visby Rules, a carrier 'includes the owner or the charterer who enters into a contract of carriage with a shipper'. An agent of the shipowner or charterer is not a 'carrier' under the Hague-Visby Rules, even if the agent might have issued and singed a bill of lading. In contrast, the Hamburg Rules define the meaning of a ‘carrier’ broadly as referring to 'any person by whom or in whose name a contract of carriage of goods by sea has been concluded with a shipper'.

Sometimes a domestic law may affect the meaning of carrier under the Hague-Visby Rules. For example, Canada adopts the Hague-Visby Rules. But under Canadian Law, ‘the shipowner would be liable as a carrier since the vessel was not under a demise Charter and the bills of lading were signed on behalf of the master. Carriage of goods is a joint venture of owners and charterers who should therefore be held jointly and severally responsible as carrier'. This position of the court is more certain in comparison with the position of the Australian law in similar circumstances, because, for example, articles 10(6) and (7) of the modified Hague--Visby Rules as incorporated into Schedule 1A of the Carriage of Goods by Sea Act 199l make the modified Hague--Visby Rules apply on the basis of a negotiable sea carriage document rather than impose a joint venture between the shipowner and the charterer. Another example is the Carriage of Goods Act 1979 (NZ), which also incorporates the Hague-Visby Rules. However, the meaning of ‘carrier’ under the said law may extend to a person engaged in the packing of the cargo prior to its shipment.

Meaning of shipper

Meaning of shipper under the Hague-Visby Rules

A shipper is a person (whether legal or natural) who is a party to a contract of carriage with a carrier. The Hague-Visby Rules (and the Hague Rules also) do not define the meaning of 'shipper', although the word 'shipper' is used in these conventions. Under the Hague-Visby Rules, 'shipper' has its ordinary meaning, referring to anyone whose name appears as party r to a contract of carriage with a carrier.

Meaning of shipper under the Hamburg Rules

Under article 1 (3) of the Hamburg Rules, 'shipper' is clearly defined as followings:

'Shipper' means any person by whom or in whose name or on whose behalf a contract of carriage by sea has been concluded with a carrier, or any person by whom or in whose name or on whose behalf the goods are actually delivered to the carrier in relation to the contract of carriage by sea.

It appears that the word 'shipper' was intended to have a wider meaning than the word 'carrier' under the Hamburg Rules. For example, article 1(1) of the Hamburg Rules states that a 'carrier' is a person who contracts (either by him-- or herself or in his or her name) with the shipper as the carrier under the contract of carriage. A person will not be a 'carrier' under the Hamburg Rules as long as he or she is not a party to the contract of carriage, even though he or she might have rendered the services of carriage (that is, may have been an 'actual carrier'). The narrow definition of 'carrier' under the Hamburg Rules does not mean that the carrier's liability is narrow, because article 1 (2) creates a definition of 'actual carrier' and article l0 makes a 'carrier' accountable for the acts of an 'actual carrier'. In comparison with the definition of 'carrier', article 1 (3) of the Hamburg Rules makes a person ‘by whom or in whose name or on whose behalf the goods are actually delivered to the carrier’ a shipper for the purpose of the contract of carriage. This definition raises the following possible interpretation of the meaning of 'shipper' under the Hamburg Rules:

■ a shipper is a person who enters into a contract of carriage with a carrier,

■ s shipper may also be a person who delivers the goods to the carrier regardless of whether he or she is expressly or directly a party to the contract of carriage, and

■ there is a possibility that there may be more than one shipper in relation to the same contract of carriage and the same goods.

The Hague Rules, the Hague-Visby Rules and the Hamburg Rules

The Hague Rules

The Hague Rules 1924 were adopted in Brussels on 25 August 1924 as an 'international convention’ on the carriage of goods by sea and entered into force on 2 June 1931. There are 16 articles in total. Ten of them deal with legal issues relating to bills of lading and the rest are concerned with procedural issues relating to the operation of the Rules. Many jurisdictions have formally incorporated the Hague Rules into their domestic laws, while a few others have adopted the Hague Rules without having formally adopted them.

The purpose of the Hague Rules was to unify the rules governing the liability of a carrier. Under the Hague Rules a carrier has a general liability to provide a seaworthy ship and to handle the goods with care. However, the Hague Rules also list several exceptions, such as fault of the master of the ship or pilot in the navigation or management of the ship, act of God, act of war, riots, strikes, saving life or property at sea, and others, to restrict the liability of the carrier.

These exceptions remain the same under the Hague-Visby Rules, which amended the Hague Rules. The liability of a carrier under the Hague Rules was limited to ￡100 sterling per package or unit, unless the parties had agreed to a higher value. This was considered to be too low and unfair to the shippers. The limit of liability is increased in the Hague-Visby Rules. Since the Hague Rules and the Hague-Visby Rules are largely similar- except for the limits on liability and a few other provisions, and the Hague-Visby Rules' incorporation of amendments to the Hague Rules -- only the Hague-Visby Rules will be discussed.

The Hague-Visby Rules

The Hague-Visby Rules are based on the 1968 Brussels Protocol to Amend the International Convention for the Unification of Certain Rules of Law Relating to Bills of lading. The protocol was adopted in Brussels in February 1968 and entered into force on 23 February 1968. The amended Hague Rules (the Hague--Visby Rules) have 16 articles in total. While about 25 jurisdictions have formally incorporated the Hague--Visby Rules in their domestic laws, about seven jurisdictions have adopted the Hague Visby Rules without having formally acknowledged them.

Australia is now a party to the Hague--Visby Rules, and the Carriage of Goods by Sea Act 1991 incorporates articles 1--10 of the Hague--Visby Rules. The Hague--Visby Rules operate in those countries or jurisdictions which have ratified the protocol, and were intended to redress the unfairness to the shipper in the Hague Rules. The exceptions are the same under the two conventions, however, the Hague--Visby Rules set out the limitation of the liability as 666.67 units of account per package, or two units of account per kilogram of the gross weight of the goods, whichever is higher, unless the parties have agreed on a higher value. These amendments are still regarded by many developing countries and cargo-owners' countries as being unfair to shippers: thus the creation of the Hamburg Rules in 1978.

The Hamburg Rules

The Hamburg Rules were adopted by the United Nations in Hamburg on 30 March 1978. There are 34 articles in total. Twenty-six articles deal with substantial legal issues and eight deal with procedural issues. Having been ratified by 27 countries, the Hamburg Rules entered into force on 2 November 1992.

The Hamburg Rules impose wider liabilities upon the carrier and are relatively even-handed in comparison with the Hague Rules or the Hague Visby Rules. Australia has not ratified the Hamburg Rules, although articles l--26 of the Hamburg Rules have been incorporated into Schedule 2 of the Carriage of Goods by Sea Act 1991. Under the Hamburg Rules, the carrier is liable for the risk in goods from the moment the goods are put under his or her care until the time they are delivered as agreed. Depending on the construction of the expression 'the carrier is in charge of the goods' in article 4(1), the carrier could be liable for any losses of or damage to goods under his or her care, regardless of whether the goods are on board a vessel.

Under the Hague Rules or Hague-Visby Rules, the carrier is only liable for the risk in goods during the 'carriage of goods' -- the period after the goods pass the ship's rail for loading and before the goods pass the ship's rail for discharge.

Carrier's liabilities under the Hague-Visby Rules

Carrier’s liabilities and the meaning of ‘carriage of goods’

Under the Hague--Visby Rules, a carrier is liable for the risk arising from the 'carriage of goods'. The expression 'carriage of goods' is defined in article 1 (e) of the Hague-Visby Rules. It refers to the period of time in which goods are carried by a carrier. The period (the carriage) commences from 'the time when the goods are loaded on to the time they are discharged from the ship'. Although the definition of carriage of goods in article 1(e) implies that the Hague--Visby Rules intend to limit the carrier's liability under the rules to the period when the goods are on board a vessel, the period of the carrier's liability can also be determined by the terms of the bill of lading or contract of carriage.

This is illustrated by Port Jackson Stevedoring Pty Ltd v Salmond Spraggon Pty Ltd (1977-1978). In this case, the majority of the High Court held that the terms of the bill of lading suggested that the carrier's liability ceased when the goods passed the ship's rail.

By reading the relevant provisions of the Hague-Visby Rules (or the Hague Rules, as the case may be), and the relevant provisions of a bill of lading, we can argue that the carrier's liability within the period of carriage as defined in the Hague--Visby Rules cannot be reduced by the bill of lading, but can be extended by it. The carrier may be liable for the safety of the goods prior to the loading and after the discharge if the contract of carriage so stipulates. But the liability of the carrier in such a case is defined by the terms of the contract, rather than the provisions of the Hague-Visby Rules, because the Hague-Visby Rules normally cover only the period of time defined as 'carriage of goods’. In conclusion, we may argue that the meaning of 'carriage of goods' in the Hague-Visby Rules implies that the carrier has the benefits and liabilities of the Hague-Visby Rules during the 'carriage of goods' period, but the carrier may have a contractual liability to the goods during the time which is outside the 'carriage of goods'.

Carrier’s liability under Article 3

The general duty of due diligence: The carrier's responsibilities are set out in article 3(l) of the Hague-Visby Rules. This provision provides the following responsibilities:

■ to make the ship seaworthy;

■ to staff, to equip and supply the ship properly; and

■ to make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit for their reception, carriage and preservation.

There are two qualifications to the above responsibilities: ‘due diligence’ and seaworthiness of the ship at the 'commencement of the voyage'. Under the Hague-Visby Rules (and the Hague Rules), a carrier does not have an obligation to make the ship absolutely seaworthy or fit and safe for carrying the goods concerned. He or she, however, has an obligation to exercise 'due diligence' to make the ship seaworthy and fit for carrying the goods concerned. The duty to provide a seaworthy vessel is not discharge merely because of the existence of a certificate of seaworthiness issued by a firm of surveyors. By the same token, the carrier's duty to 'man, equip or supply the ship’ properly is not absolute. In addition, the carrier's duty to exercise due diligence to make the ship seaworthy is limited to the 'commencement of the voyage'." These qualifications are necessary because perils at sea can be unavoidable and unpredictable. Therefore, it would be unreasonable and unrealistic to require a shipowner to guarantee the ship to be absolutely seaworthy to stand all perils at sea. The distinction between losses caused by the unseaworthiness of a ship and by perils at sea is illustrated by Phillips Petroleum Co. v Cabaneli Naviera SA.

The carrier’s liability under article 3(1) of the Hague--Visby Rules is sometimes mixed and interchangeable. For example, making the vessel fit to carry the goods concerned is one of the obligations to make the vessel seaworthy. On the other hand, it may stand on its own to impose upon the carrier a specific obligation to provide refrigeration to the goods carried, if the contract of carriage or the bill of lading expressly so states. In Pacific Composites Pty Ltd v Transpac Container System Ltd., the bill of lading expressly stated that the goods were refrigerated, but in fact they were not refrigerated during carriage. The court held that the carrier had breach this clause of the contract, and also its obligation to provide refrigeration under article 3(1) of the Hague-Visby Rules. The carrier was ordered to compensate the cargo-owner under the relevant provision of the Hague-Visby Rules. In this case, the carrier might have also been found to have breached the duty of providing a seaworthy vessel in the circumstances concerned.

The seaworthiness of a vessel has wide meanings. A vessel is unseaworthy if it is not fit to carry the particular cargo concerned. A vessel is also unseaworthy if it is not properly manned by a qualified shipmaster and staff A vessel can be unseaworthy if it is not equipped with an adequate chart for the areas it is meant to sail.

A duty of properly and carefully dealing with goods

This duty is set out in article 3(2) of the Hague-Visby Rules. This provision states that 'the carrier shall properly and carefully load, handle, stow carry, keep, care for, and discharge the goods carried'. The meaning of this provision is explained by Mason and Wilson JJ in Shipping Corp of India Ltd v Gamlen Chemical Co. Pty Ltd. This provision requires the carrier to handle and carry goods in a proper and careful manner. The 'propriety' and 'carefulness' of the carrier's act must be construed in the circumstances concerned, taking into account the nature of the goods, established commercial practices, the contract terms, and the reasonableness of the carrier in loading, handing, stowing, carrying, keeping and discharging the goods. Stephen J observed in Shipping Corp v Gamlen Chemical, that the meaning of property stowage depends 'on all the circumstances, including the nature of the particular goods and the conditions of the weather and of sea likely to be encountered on the voyage'. In Wistrac Equipment Pty Ltd v ‘Assets Venture’, the court held the defendants liable for the loss of the cargo, a Caterpillar bulldozer, carried on deck by the decision of the defendants, as the bulldozer was not secured adequately on deck to endure rough seas. It must be pointed out, however, that while the carriers had apparently breached their obligation under article 3(2), the court held them to be liable largely under the law of tort in the present case.

V.       Question can answered

1. What characteristics does a contract of carriage by sea have?

2. What should the contracting parties agree on normally when entering into a contract of carriage by sea?

3.What is the definition of carrier under the Hague-Visby Rules? What may affect the meaning of carrier under the Hague-Visby Rules?

SOURCE: INTERNET

NECESSARY IN INTERNATIONAL TRADE LAW

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Hague-Visby Rules

Article I

Definitions

In these Rules the following expressions have the meanings hereby assigned to them respectively, that is to say,

(a) "carrier" includes the owner or the charterer who enters into a contract of carriage with a shipper;

(b) "contract of carriage" applies only to contracts of carriage covered by a bill of lading or any similar document of title, in so far as such document relates to the carriage of goods by water, including any bill of lading or any similar document as aforesaid issued under or pursuant to a charter-party from the moment at which such bill of lading or similar document of title regulates the relations between a carrier and a holder of the same;

(c) "goods" includes goods, wares, merchandise and articles of every kind whatsoever, except live animals and cargo which by the contract of carriage is stated as being carried on deck and is so carried;

(d) "ship" means any vessel used for the carriage of goods by water;

(e) "carriage of goods" covers the period from the time when the goods are loaded on to the time they are discharged from the ship.

Article II

Risks

Subject to the provisions of Article VI, under every contract of carriage of goods by water the carrier, in relation to the loading, handling, stowage, carriage, custody, care and discharge of such goods, shall be subject to the responsibilities and liabilities and entitled to the rights and immunities hereinafter set forth.

Article III

Responsibilities and Liabilities

1. The carrier shall be bound, before and at the beginning of the voyage, to exercise due diligence to

(a) make the ship seaworthy;

(b) properly man, equip and supply the ship;

(c) make the holds, refrigerating and cool chambers, and all other parts of the ship in which goods are carried, fit and safe for their reception, carriage and preservation.

2. Subject to the provisions of Article IV, the carrier shall properly and carefully load, handle, stow, carry, keep, care for and discharge the goods carried.

3. After receiving the goods into his charge, the carrier, or the master or agent of the carrier, shall, on demand of the shipper, issue to the shipper a bill of lading showing among other things

(a) the leading marks necessary for identification of the goods as the same are furnished in writing by the shipper before the loading of such goods starts, provided such marks are stamped or otherwise shown clearly upon the goods if uncovered, or on the cases or coverings in which such goods are contained, in such a manner as should ordinarily remain legible until the end of the voyage;

(b) either the number of packages or pieces, or the quantity, or weight, as the case may be, as furnished in writing by the shipper;

(c) the apparent order and condition of the goods:

Provided that no carrier, master or agent of the carrier shall be bound to state or show in the bill of lading any marks, number, quantity, or weight which he has reasonable ground for suspecting not accurately to represent the goods actually received or which he has had no reasonable means of checking.

4. Such a bill of lading shall be prima facie evidence of the receipt by the carrier of the goods as therein described in accordance with paragraphs 3(a), (b) and (c).

However, proof to the contrary shall not be admissible when the bill of lading has been transferred to a third party acting in good faith.

5. The shipper shall be deemed to have guaranteed to the carrier the accuracy at the time of shipment of the marks, number, quantity and weight, as furnished by him, and the shipper shall indemnify the carrier against all loss, damages and expenses arising or resulting from inaccuracies in such particulars. The right of the carrier to such indemnity shall in no way limit his responsibility and liability under the contract of carriage to any person other than the shipper.

6. Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.

The notice in writing need not be given if the state of the goods has at the time of their receipt been the subject of joint survey or inspection.

Subject to paragraph 6bis the carrier and the ship shall in any event be discharged from all liability whatsoever in respect of the goods, unless suit is brought within one year of their delivery or of the date when they should have been delivered. This period may, however, be extended if the parties so agree after the cause of action has arisen.

In the case of any actual or apprehended loss or damage the carrier and the receiver shall give all reasonable facilities to each other for inspecting and tallying the goods.

6.bis An action for indemnity against a third person may be brought even after the expiration of the year provided for in the preceding paragraph if brought within the time allowed by the law of the Court seized of the case. However, the time allowed shall be not less than three months, commencing from the day when the person bringing such action for indemnity has settled the claim or has been served with process in the action against himself.

7. After the goods are loaded the bill of lading to be issued by the carrier, master or agent of the carrier, to the shipper shall, if the shipper so demands, be a "shipped" bill of lading, provided that if the shipper shall have previously taken up any document of title to such goods, he shall surrender the same as against the issue of the "shipped" bill of lading, but at the option of the carrier such document of title may be noted at the port of shipment by the carrier, master, or agent with the name or names of the ship or ships upon which the goods have been shipped and the date or dates of shipment, and when so noted the same shall for the purpose of this Article be deemed to constitute a "shipped" bill of lading.

8. Any clause, covenant or agreement in a contract of carriage relieving the carrier or the ship from liability for loss or damage to or in connection with goods arising from negligence, fault or failure in the duties and obligations provided in this Article or lessening such liability otherwise than as provided in these Rules, shall be null and void and of no effect.

A benefit of insurance or similar clause shall be deemed to be a clause relieving the carrier from liability.

Article IV

Rights and Immunities

1. Neither the carrier nor the ship shall be liable for loss or damage arising or resulting from unseaworthiness unless caused by want of due diligence on the part of the carrier to make the ship seaworthy, and to secure that the ship is properly manned, equipped and supplied, and to make the holds, refrigerating and cool chambers and all other parts of the ship in which goods are carried fit and safe for their reception, carriage and preservation in accordance with the provisions of paragraph 1 of Article III.

Whenever loss or damage has resulted from unseaworthiness, the burden of proving the exercise of due diligence shall be on the carrier or other person claiming exemption under this article.

2. Neither the carrier nor the ship shall be responsible for loss or damage arising or resulting from

(a) act, neglect, or default of the master, mariner, pilot or the servants of the carrier in the navigation or in the management of the ship;

(b) fire, unless caused by the actual fault or privity of the carrier;

(c) perils, dangers and accidents of the sea or other navigable waters;

(d) act of God;

(e) act of war;

(f) act of public enemies;

(g) arrest or restraint of princes, rulers or people, or seizure under legal process;

(h) quarantine restrictions;

(i) act or omission of the shipper or owner of the goods, his agent or representative;

(j) strikes or lock-outs or stoppage or restraint of labour from whatever cause, whether partial or general;

(k) riots and civil commotions;

(l) saving or attempting to save life or property at sea;

(m) wastage in bulk or weight or any other loss or damage arising from inherent defect, quality or vice of the goods;

(n) insufficiency of packing;

(o) insufficiency or inadequacy of marks;

(p) latent defects not discoverable by due diligence;

(q) any other cause arising without the actual fault and privity of the carrier, or without the fault or neglect of the agents or servants of the carrier, but the burden of proof shall be on the person claiming the benefit of this exception to show that neither the actual fault or privity of the carrier nor the fault or neglect of the agents or servants of the carrier contributed to the loss or damage.

3. The shipper shall not be responsible for loss or damage sustained by the carrier or the ship arising or resulting from any cause without the act, fault or neglect of the shipper, his agents or his servants.

4. Any deviation in saving or attempting to save life or property at sea or any reasonable deviation shall not be deemed to be an infringement or breach of these Rules or of the contract of carriage, and the carrier shall not be liable for any loss or damage resulting therefrom.

5. (a) Unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading, neither the carrier nor the ship shall in any event be or become liable for any loss or damage to or in connection with the goods in an amount exceeding 666.67 units of account per package or unit or 2 units of account per kilogramme of gross weight of the goods lost or damaged, whichever is the higher.

(b) The total amount recoverable shall be calculated by reference to the value of such goods at the place and time at which the goods are discharged from the ship in accordance with the contract or should have been so discharged.

The value of the goods shall be fixed according to the commodity exchange price, or, if there be no such price, according to the current market price, or, if there be no commodity exchange price or current market price, by reference to the normal value of goods of the same kind and quality.

(c) Where a container, pallet or similar article of transport is used to consolidate goods, the number of packages or units enumerated in the bill of lading as packed in such article of transport shall be deemed the number of packages or units for the purpose of this paragraph as far as these packages or units are concerned. Except as aforesaid such article of transport shall be considered the package or unit.

(d) The unit of account mentioned in this Article is the Special Drawing Right as defined by the International Monetary Fund. The amounts mentioned in sub-paragraph (a) of this paragraph shall be converted into national currency on the basis of the value of that currency on the date to be determined by the law of the Court seized of the case. The value of the national currency, in terms of the Special Drawing Right, of a State which is a member of the International Monetary Fund, shall be calculated in accordance with the method of valuation applied by the International Monetary Fund in effect at the date in question for its operations and transactions. The value of the national currency, in terms of the Special Drawing Right, of a State which is not a member of the International Monetary Fund, shall be calculated in a manner determined by that State.

Nevertheless, a State which is not a member of the International Monetary Fund and whose law does not permit the application of the provisions of the preceding sentences may, at the time of ratification of the Protocol of 1979 or accession thereto or at any time thereafter, declare that the limits of liability provided for in this Convention to be applied in its territory shall be fixed as follows:

(i) in respect of the amount of 666.67 units of account mentioned in sub-paragraph (a) of paragraph 5 of this Article, 10,000 monetary units;

(ii) in respect of the amount of 2 units of account mentioned in sub-paragraph (a) of paragraph 5 of this Article, 30 monetary units.

The monetary unit referred to in the preceding sentence corresponds to 65.5 milligrammes of gold of millesimal fineness 900. The conversion of the amounts specified in that sentence into the national currency shall be made according to the law of the State concerned. The calculation and the conversion mentioned in the preceding sentences shall be made in such a manner as to express in the national currency of that State as far as possible the same real value for the amounts in sub-paragraph (a) of paragraph 5 of this Article as is expressed there in units of account.

States shall communicate to the depositary the manner of calculation or the result of the conversion as the case may be, when depositing an instrument of ratification of the Protocol of 1979 or of accession thereto and whenever there is a change in either.

(e) Neither the carrier nor the ship shall be entitled to the benefit of the limitation of liability provided for in this paragraph if it is proved that the damage resulted from an act or omission of the carrier done with intent to cause damage, or recklessly and with knowledge that damage would probably result.

(f) The declaration mentioned in sub-paragraph (a) of this paragraph, if embodied in the bill of lading, shall be prima facie evidence, but shall not be binding or conclusive on the carrier.

(g) By agreement between the carrier, master or agent of the carrier and the shipper other maximum amounts than those mentioned in sub-paragraph (a) of this paragraph may be fixed, provided that no maximum amount so fixed shall be less than the appropriate maximum mentioned in that sub-paragraph.

(h) Neither the carrier nor the ship shall be responsible in any event for loss or damage to, or in connection with, goods if the nature or value thereof has been knowingly mis-stated by the shipper in the bill of lading.

6. Goods of an inflammable, explosive or dangerous nature to the shipment whereof the carrier, master or agent of the carrier has not consented, with knowledge of their nature and character, may at any time before discharge be landed at any place or destroyed or rendered innocuous by the carrier without compensation, and the shipper of such goods shall be liable for all damages and expenses directly or indirectly arising out of or resulting from such shipment.

If any such goods shipped with such knowledge and consent shall become a danger to the ship or cargo, they may in like manner be landed at any place or destroyed or rendered innocuous by the carrier without liability on the part of the carrier except to general average, if any.

Article IVbis

Application of Defences and Limits of Liability

1. The defences and limits of liability provided for in these Rules shall apply in any action against the carrier in respect of loss or damage to goods covered by a contract of carriage whether the action be founded in contract or in tort.

2. If such an action is brought against a servant or agent of the carrier (such servant or agent not being an independent contractor), such servant or agent shall be entitled to avail himself of the defences and limits of liability which the carrier is entitled to invoke under these Rules.

3. The aggregate of the amounts recoverable from the carrier, and such servants and agents, shall in no case exceed the limit provided for in these Rules.

4. Nevertheless, a servant or agent of the carrier shall not be entitled to avail himself of the provisions of this Article, if it is proved that the damage resulted from an act or omission of the servant or agent done with intent to cause damage or recklessly and with knowledge that damage would probably result.

Article V

Surrender of Rights and Immunities, and Increase of Responsibilities and Liabilities

A carrier shall be at liberty to surrender in whole or in part all or any of his rights and immunities or to increase any of his responsibilities and liabilities under the Rules contained in any of these Articles, provided such surrender or increase shall be embodied in the bill of lading issued to the shipper.

The provisions of these Rules shall not be applicable to charter-parties, but if bills of lading are issued in the case of a ship under a charter-party they shall comply with the terms of these Rules. Nothing in these Rules shall be held to prevent the insertion in a bill of lading of any lawful provision regarding general average.

Article VI

Special Conditions

Notwithstanding the provisions of the preceding Articles, a carrier, master or agent of the carrier and a shipper shall in regard to any particular goods be at liberty to enter into any agreement in any terms as to the responsibility and liability of the carrier for such goods, and as to the rights and immunities of the carrier in respect of such goods, or his obligation as to seaworthiness, so far as this stipulation is not contrary to public policy, or the care or diligence of his servants or agents in regard to the loading, handling, stowage, carriage, custody, care and discharge of the goods carried by water, provided that in this case no bill of lading has been or shall be issued and that the terms agreed shall be embodied in a receipt which shall be a non-negotiable document and shall be marked as such.

Any agreement so entered into shall have full legal effect.

Provided that this Article shall not apply to ordinary commercial shipments made in the ordinary course of trade, but only to other shipments where the character or condition of the property to be carried or the circumstances, terms and conditions under which the carriage is to be performed are such as reasonably to justify a special agreement.

Article VII

Limitations on the Application of the Rules

Nothing herein contained shall prevent a carrier or a shipper from entering into any agreement, stipulation, condition, reservation or exemption as to the responsibility and liability of the carrier or the ship for the loss or damage to, or in connection with the custody and care and handling of goods prior to the loading on and subsequent to the discharge from the ship on which the goods are carried by water.

Article VIII

Limitation of Liability

The provisions of these Rules shall not affect the rights and obligations of the carrier under any statute for the time being in force relating to the limitation of the liability of owners of vessels.

Article IX

Liability for Nuclear Damage

These Rules shall not affect the provisions of any international Convention or national law governing liability for nuclear damage.

Article X

Application

The provisions of these Rules shall apply to every bill of lading relating to the carriage of goods between ports in two different States if:

(a) the bill of lading is issued in a Contracting State, or

(b) the carriage is from a port in a Contracting State, or

(c) the contract contained in or evidenced by the bill of lading provides that these Rules or legislation of any State giving effect to them are to govern the contract,

whatever may be the nationality of the ship, the carrier, the shipper, the consignee, or any other interested person.

THE LIMITATION ACT ACT NO. IX OF 1908
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
1. Short title, extent and commencement. ---
(1) This Act may be called the Limitation Act, 1908.
(2) It extends to the whole of Pakistan.]
(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.
2. Definitions.---In this Act, unless there in 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" has the same meaning as in section 5 of the Negotiable Instruments Act, 1881 (XXVI of 1881), and 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, or attached to or subsisting, the land of another:
(6) "foreign country" means any country other than [Pakistan] :
(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" has the same meaning as in the Negotiable Instruments Act, 1881 (XXVI of 1881)]:
(10) "suit" does not include an appeal or an application: and
(11) "trustee" does not include a Benamidar, 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
3. Dismissal of suit, etc. instituted, etc. after period of limitation.---Subject to the provisions contained in sections 4 to 25 (inclusive), every suit instituted, appeal preferred, and application made after the period of limitation prescribed therefor by the First Schedule shall be 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 would up by the Court, when the claimant first sends in his claim to the official liquidator.
4. Where Court is closed when period expires.---Where the period of limitation prescribed for any suit, appeal or application expires on a day when the Court is closed, the suit, appeal or application may be instituted, preferred or made on the day that the Court re-opens.
5. Extension of period in certain case.--Any appeal or application for [a revision or] a review of judgment or for leave to appeal or any other application to which this section may be made applicable [by or under any enactment] for the time being in force may be admitted after the period of limitation prescribed therefore, 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 in ascertaining or computing the prescribed period of limitation may be sufficient cause within the meaning of this section.
6. Legal disability.---(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 therefor in the third column of the First Schedule or in section 48 of the Code of Civil Procedure, 1908 Act (V of 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, 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 subsections (1) and (2) shall apply.
7. Disability of one of several plaintiffs or applicants.---Where one of several persons jointly entitled to institute a suit 14[or proceeding] or make an application for the execution of a decree is under any such disability, and a discharge can be given without the concurrence of such person, 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.
8. Special exceptions.---Nothing in section 6 or in section 7 applies to suits to enforce rights 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.
9. Continuous running of time.---Where once time has begun to run, no subsequent disability or inability to sue stops it:
Provided that where letters or 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.
10. Suits against express trustees and their representatives.--- Notwithstanding anything hereinbefore contained, no suit against a person in whom property has become vested in trust for any specific purpose, or against his legal representatives or assigns (not being 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, Muhammadan 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.
11. Suits on foreign contracts.---(1) Suits instituted in 18[Pakistan on contracts entered into in a 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 [Pakistan] 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
12. Exclusion of time in legal proceedings.---(1) In computing the period of limitation prescribed for any suit, appeal or application, the day from which such period is to be reckoned 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.
(5) For the purposes of subsections (2), (3) and (4), the time requisite for obtaining a copy of the decree, sentence, order, judgment or award shall be deemed to be the time intervening between the day on which an application for the copy is made and the day actually intimated to the applicant to be the day on which the copy will be ready for delivery.
13. Exclusion of time of defendant's absence from Pakistan etc. and certain other territories.---In computing the period of limitation prescribed for any suit, the time during which the defendant has been absent from [Pakistan] and from the territories beyond [Pakistan] under the administration of [the [Federal] Government] [***] shall be excluded.
14. Exclusion of time of proceeding bona fide in Court without jurisdiction.---(1) In computing the period of limitation prescribed for any suit, the time during which the plaintiff has been prosecuting with due diligence another civil proceeding, whether in a Court of first instance or in a Court of appeal, against the defendant, shall be excluded, where the 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.
15. Exclusion of time during which proceedings are suspended.---(1) In computing the period of limitation prescribed for any suit or application for the execution of a decree, the institution or execution of which has been stayed by injunction or order, the time of the 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.
16. Exclusion of time during which proceedings to set aside execution sale are pending.---In computing the period of limitation prescribed for a suit for possession by a purchaser at a sale in execution of a decree, the time during which a proceeding to set aside the sale has been prosecuted shall be excluded.
17. Effect of death before right to sue accrues.---(1) Where a person, who would, if he were living, have a right to institute a suit or make an application, dies before the right accrues, the period of limitation shall be computed from the time when there is a legal representative of the decreased capable of instituting or making such suit or application.
(2) Where a 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 decreased against whom the plaintiff may institute or make such suit or application.
Nothing in subsections (1) and (2) applies to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of an hereditary office.
18. Effect of fraud.---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.
19. Effect of acknowledgment in writing.---(1) Where, before the expiration of the period prescribed for a suit or application in respect of any property or right, an acknowledgment 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 acknowledgment was so signed.
(2) Where the writing containing the acknowledgment 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 acknowledgment 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 authorised in this behalf.
Explanation III.---For the purposes of this section an application for the execution of a decree or order is an application in respect of a right.
20. Effect of payment on account of debt or of interest on legacy.--- 24[(1) Where payment on account of a debt or of interest on a legacy is made before the expiration of the prescribed period by the person liable to pay the debt or legacy, or by his duly authorised agent, a fresh period of limitation shall be computed from the time when the payment was made:]
(2) Effect of receipt of produce of mortgaged land.---Where mortgaged land is in the possession of the mortgagee, the receipt of the rent or produce of such land shall be deemed to be a payment for the purpose of subsection (1).
Explanation.---Debt includes money payable under a decree or order of Court.
21. Agent of person under disability.---(1) The expression "agent duly authorised in his behalf," in sections 19 and 20, shall, in the case of a person under disability include his lawful guardian, committee, or manager or a agent duly
authorised by such guardian, committee or manager to sign the acknowledgment or make the payment.
(2) Acknowledgment or payment by one of several joint contractors, etc.---Nothing in the said section 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.
27(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.]
22. Effect of substituting or adding new plaintiff or defendant.---(1) Where after the institution of a suit, a new plaintiff of defendant is substituted or added, the suit shall, as regards him, be deemed to have been instituted when he was so made a party.
(2) Nothing in subsection (1) shall apply to a case where a party is 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.
23. Continuing breaches and wrongs.---In the case of continuing breach of contract and in the case of a continuing wrong independent of contract, a fresh period of limitation begins to run at every moment of the time during which the breach or the wrong, as the case may be, continues.
24. Suit for compensation for act no actionable without special damage.---In case of a suit for compensation for an act which does not give rise to a cause of action unless some specific injury actually results therefrom, the period of limitation shall be computed from the time when the injury results.
PART IV
ACQUISITION OF OWNERSHIP BY POSSESSION
26. Acquisition of right to easements.---(1) Where the access and use of light or air to and for any building 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 any 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, watercourse, 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 subsection (1) belongs to [the Government], that subsection 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.
27. Exclusion in favour of reversioner of servient tenement.---Where any land or water upon, over or from which any easement has been enjoyed or derived has been held under or by virtue of the interest for life or any term of years exceeding three years from the 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.
PART V
SAVINGS AND REPEALS
29. Savings.---[(1) Nothing in this Act shall affect section 25 of the Contract Act, 1872.
(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefore by the First Schedule, the provisions of section 3 shall apply, as if such period were prescribed therefore in that Schedule, and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local 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 or local law; and
(b) the remaining provisions of the 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.
30 and 31. [Provision for suits for which the period prescribed is shorter than that prescribed by the Indian Limitation Act, 1877. Provision for suits by certain mortgagees in territories mentioned in the Second Schedule].---Rep. by the Repealing and Amending Act, 1930 (VIII of 1930), section 3 and Second Schedule].
30. S.28 omitted by Limitation (Amendment) Act (II of 1995), S.2, dated 18-10-1995.
32. (Repeals).---Repealed by the Second Repealing and Amending Act, 1914 (XVII of 1914), Section 3 and Second Schedule.
THE FIRST SCHEDULE (See section 3) FIRST DIVISION : SUITS
Description of suit
Period of limitation
Time from which period begins to run
Part I.---Thirty days
1. To contest anaward of the Board or Revenue under the Waste Lands (Claims) Act, 1863.
Thirty days
When notice of the award is delivered to the plaintiff.
Part II.---Ninety days
2. For compensation or doing or for omitting to do an act alleged to be in pursuance of any enactment in force for the time being in [Pakistan].
Ninety days
When the act or omission takes place
Part III.---Six months
Six months
3. Under the Specific Relief
When the dispossession occurs.
Act, 1877, section 9 to recover possession of immovable property.
Part IV ---One Year
5. Under the summary procedure referred to in section 128(2)(f) of the Code of Civil Procedure, 1908 [where the provision of such summary procedure does not exclude the ordinary procedure in such suits
[One year]
When the debt or liquidated demand becomes payable or when the property becomes recoverable.
[* * * *]
6. Upon a Statute, Act, Regulation or Bye-law, of a penalty or forfeiture.
One year
When the penalty or forfeiture is incurred.
7. For the wages of a household servant, artisan or labourer
[One year].
When the wages accrue due
8. For the price of food or drink sold by the keeper of a hotel,tavern or lodging house.
[One year].
When the food or drink is delivered.
9. For the price of lodging.
[One year]
When the price becomes payable.
10. To enforce a rightof pre-emption whetherthe right is founded on law, or general usage,or on special contract.
[One year]
When the purchaser takes, under the sale sought to be impeached, physical possession of the whole of the property sold, or, where the subject of the sale does not admit of physical possession, when the instrument of sale is registered.
11. By a person against whom any of the following orders has been made to establish the right which he claims to the property comprised in the order:
(1) Order under the Code of Civil Procedure, 1908, on a claim preferred to, or an objection made to the attachment of, property attached in execution of a decree;
[One year]..
The date of the order.
11-A. By a person against whom an order has been made under the Code of Civil Procedure, 1908, upon an
[One year]
The date of the order.
application by the holder or a decree for the possession of immovable property or by the purchaser of such property sold in execution of a decree, complaining of resistance or obstruction to the delivery of possession thereof, or upon an application by any person dispossessed of such property in the delivery of possession thereof to the decree-holder or purchaser, to establish the right which he claims to the present possession of the property comprised in the order.
12. To set aside any of the following sales:--
(a) Sales in execution of a decree of a Civil Court;
(b) sale in pursuance of a decree or order of a Collector or other officer of revenue
(c) sale for arrears of Government revenue, or for any demand recoverable as such arrears;
(d) sale of a patni taluq sold for current arrears of rent.
Explanation.---In this article "patni" includes any intermediate tenure saleable for current arrears of rent.
[One year]
When the sale is confirmed, or would otherwise have becomeinal and conclusive had no such suit been brought.
13. To alter or set aside a decision or order of a Civil Court in any proceeding other than a suit.
[One year]
The date of the final decision or order in the case by a Court competent to determine if finally
.
14. To set aside any act or order of an officer of Government in his official capacity, not herein otherwise expressly provided for.
[One year].
The date of the act or order.
15. Against Government to set aside any attachment, lease or transfer of immovable property by the Revenue Authorities for arrears of Government revenue.
[One year].
When the attachment, lease or transfer is made
16. Against Government to recover money paid under protest in satisfaction of a claim made by the revenue authorities on account of arrears of revenue or on account of demands recoverable as such arrears.
[One year]
When the payment is made.
17. Against Government for compensation for land acquired for public purposes.
[One year]
The date of determining the amount of the compensation.
18. Like suit for compensation (when the acquisition is not completed).
[One year]
The date of the refusal to complete.
19. For compensation for false imprisonment.
[One year].
When the imprisonment ends.
20By executors,administrators or representatives under the Legal Representatives Suits Act, 1855.
[One year]
The date of the death of the person wronged.
21. By executors, administrators or representatives under the Fatal Accidents Act, 1855.
[One year].
The date of the death of the person killed.
22. For compensation for any other injury to the person.
[One year]
When the injury is committed.
23. For compensation for malicious prosecution
[One year]
When the plaintiff is a acquitted, or the prosecution is otherwise terminated.
24. For compensation for libel.
[One year}
When the libel is published.
25. For compensation for slander.
[One year].
When the words are spoken spoken or, if the words are not actionable in themselves, when the special damage complained of results.
26. For compensation for loss of service occasioned by the seduction of the plaintiff's servant or daughter.
[One year]
When the loss occurs.
27. For compensation for including a person to break a contract with the plaintiff.
[One year]
The date of the breach
28. For compensation for an illegal, irregular or excessive distress.
[One year]
The date of the distress.
29. For compensation for wrongful seizure of movable property under legal process.
[One year]
The date of the seizure.
30. Against a carrier for compensation for losing or injuring goods.
[One year]
When the loss of injury occurs
31 Against a carrier for compensation for non- delivery of, or delay in delivering goods.
[One year]
When the goods ought to be delivered.
Part V.---Two Years
32. Against one who, having a right to use property for specific purposes, perverts it to other purposes.
Two years
officer of Reven When the perversion first becomes known to the person injured thereby.
33. Under the Legal Representatives' Suits Act, 1855, against an executor.
Two years
When the wrong complained of is done.
34. Under the same Act against an administrator.
Two years
-Ditto-
35. Under the same Act against any other representative.
Two years
-Ditto-
36. For compensation for . any malfeasance misfeasance or non-feasance independent of contract and not herein specially provided for.
Two years
When the malfeasance, misfeasance or nonfeasance takes place.
PART IV.---Three Years
37. For compensation for obstructing a way for a watercourse.
Three years
The date of the obstruction.
38. For compensation for diverting a watercourse.
Three years
The date of the diversion
39. For compensation for ... trespass upon immovable property.
Three years
The date of trespass.
40. For compensation for infringing copyright or any other exclusive privilege.
Three years
The date of the infringement.
41. To restrain waste.
Three years
When the waste begins.
42. For compensation for injury caused by an injunction
Three years
When the injunction ceases.
wrongfully obtained.
43. Under the 50[Succession Act, 1925, section 360 or section 361,] by a person to whom an executor or administrator has paid a legacy or distributed assets.
Three years
The date of the paymentor distribution
44. By a ward who has attained majority, to set aside a transfer of property by his guardian.
Three years
When the ward attains majority.
[* * * * *]
[* * * * *]
47. By any person bound by an order respecting the possession of immovable property made under the Code of Criminal Procedure Code, 1898, 53[**] or by any one claiming under such person, to recover the property comprised in such order.
Three years
The date of the final order in the case
48. For specific movable property lost or acquired by theft, or dishonest misappropriation or conversion, or for compensation for wrongfully taking or detaining the same.
Three years
When the person having the right to the possession of the property first learns in whose possession it it is.
55[48-A. To recover movable property conveyed or bequeathed in trust, deposited or pawned, and afterwards bought from the trustee, depository or pawnee for a valuable consideration. Three years
When the same becomes known to the plaintiff.
56[48-B. To set asidesale of movable property comprised in a Hindu, Muhammadan or Buddhist religious or charitable endowment made by a manager thereof for a valuable consideration.
Three years
When the sale becomes known to the plaintiff]
49. For other specific movable property, or for compensation for wrongfully taking or injuring or wrongfully detaining the same. Three years
When the property is wrongfully taken or injured, or when the detainer's possession becomes unlawful.
50. For the hire of animals, vehicles, boats or household
Three years
When the hire becomes payable.
furniture.
51. For the balance of money advanced in payment of goods to be delivered.
Three years
When the goods ought to be delivered.
5852. For the price of goods sold and delivered, where no fixed period of credit is agreed upon.
Three years
The date of the deliveryof the goods.
5953. For the price of goods sold and delivered to be paid for after the expiry of a fixed period of credit.
Three years
When the period of credit expires.
54. For the price of goods sold and delivered to be paid for by a bill of exchange, no such bill being given
Three years
When the period of the proposed bill elapses
55. For the price of trees or growing crops sold by the plaintiff to the defendant where no fixed period of credit is agreed upon.
Three years
The date of the sale.
56. For the price of work done by the plaintiff for the defendant at his request, where no time has been fixed for payment.
Three years
When the work is done.
6157. For money payable for money lent.
Three years
When the loan is made
58. Like suit when the lender has given a cheque for the money.
Three years
When the cheque is paid
6259. For money lent under an agreement that it shall be payable on demand.
Three years
When the loan is made.
60. For money deposited under an agreement that it shall be payable on demand including money of a customer in the hands of his banker so payable.
Three years
When the demand is made.
6461. For money payable to the plaintiff for money paid for the defendant.
Three years
When the money is paid.
62. For money payable by the defendant to the plaintiff for money received bythe defendant for the plaintiff's use.
Three years
When the money is received.
6563. For money payable for interest upon money due from the defendant to the
Three years
When the interestbecomes due.
plaintiff.
6664. For money payable to the plaintiff for money found to be duefrom the defendant to the plaintiff on accounts stated between them.
Three years
When the accounts are stated in writing signed by the defendant or his agent duly authorized in this behalf, unless where the debt is, by a simultaneous agreement in writing signed as aforesaid, made payable at a future time, and then when that time arrives.
6764A. Under Order XXXVII of the Code of Civil Procedure. Three years
When the debt becomes payable.
65. For compensation for breach of a promise to do anything at a specified time, or upon the happening of a specified contingency.
Three years
When the time specified arrives or the contingency happens.
6966. On a single bond, where a day is specified for payment.
Three years
The day so specified.
7067. On a single bond, where no such day is specified.
Three years
The date of executingthe bond.
7168. On a bond subject to a condition.
Three years
When the condition is broken.
7269. On a bill of exchange or promissory note payable at a fixed time after date.
Three years
When the bill or note falls due.
7370. On a bill of exchange payable at sight or after sight, but not at a fixed time. Three years
When the bill is presented.
7471. On a bill of exchange accepted payable at a particular place.
Three years
When the bill is presented at that place.
7672. On a bill of exchange or promissory note payable at a fixedtime after sight or after demand.
Three years
When the fixed time expires.]
7773. On a bill of exchange or promissory note payable on demand and not accompanied by any writing restraining or postponing the right to sue.
Three years
The date of the bill or note.
7874. On a promissory note or bond payable by instalments.
Three years
The expiration of the first term of payment asto the part then payable;and for the other parts the expiration of the respective terms of payment.
7975. On a promissory note or bond payable by instalment, which provides that if default be made in payment of one or more
Three years
When the default is made, unless where the payee or obligee waivesthe benefit of the provision, and then when fresh default is made in respect of which there is
instalments, the whole shall be due.
no such waiver
8076. On a promissory note given by the maker to a third person to be delivered to the payee after a certain event should happen.
Three years
The date of the deliveryto the payee.
8277. On a dishonoured foreign bill where protest has been made and notice given.
Three years
When the notice is given.
8378. By the payee against the drawer of a bill of exchange which has been dishonoured by non-acceptance.
Three years
The date of the refusal to accept.
8479. By the acceptor of an accommodation bill against the drawer.
Three years
When the acceptor pays the amount of the bill.
8580. Suit on a bill of exchange, promissory note, orbond not herein expressly provided for
Three years
When the bill, note or bond becomes payable.
81. By a surety against the principal debtor.
Three years
When the surety pays the creditor.
82.By a surety against a co-surety.
Three years
When the surety pays anything in excess of his own share.
83. Upon any other contract to indemnify.
Three years
When the plaintiff is actually damnified.
84. By an attorney or vakil for his costs of a suit or a particular business, there being no express agreement as to the time when such costs are to be paid.
Three years
The date of the termination of the suit or business, or (where the attorney or vakil properly discontinues the suit or business) the date of such discontinuance.
85. For the balance due on a mutual, open and current account, where there have been reciprocal demands between the parties.
Three years
The close of the years in which the last item admitted or proved is entered in the account; such year to be computed as in the account.
86. 87[(a) On a policy of insurance when the sum insured is payable after proof of the death has been given to or received by the insurers.
Three years
88[(a) The date of the death of the deceased.
(b) On a policy of insurance when the sum insured is payable after proof of the loss has been given to or received by the insurers).
(b) The date of the occurrence causing the loss.]
87. By the assured recover premia paid under a policy voidable at the election
Three years
When the insurers elect to avoid the policy.
of the insurers.
88. Against a factor for an account.
Three years
When the account is, during the continuance of the agency, demanded and refused or, where no such demand is made, when the agency terminates.
89. By a principal against his agent for movable property received by the latter and not accounted for.
Three years
Ditto
90. Other suits by principals against agents for neglect or misconduct.
Three years
When the neglect or misconduct becomes known to the plaintiff.
91. To cancel or set aside an instrument not otherwise provided for.
Three years
When the facts entitling the plaintiff to have the instrument cancelled or set aside become known to him.
92. To declare the forgery of an instrument issued or registered.
Three years
When the issue orregistration becomesknown to the plaintiff.
93. The declare the forgery of an instrument attempted to be enforced against the plaintiff.
Three years
The date of the attempt.
94. For property which the plaintiff has conveyed while insane.
Three years
When the plaintiff isrestored to sanity, and has knowledge of the conveyance.
95. To set aside a decree obtained by fraud, or for other relief on the ground of fraud. Three years
When the fraud becomes known to the party wronged.
96. For relief on the ground of mistake.
Three years
When the mistake becomes known to the plaintiff.
97. For money paid upon an existing consideration which afterwards fails.
Three years
The date of the failure.
98. To make good out of the general estate of a deceased trustee the loss occasioned by a breach of trust.
Three years
The date of the trustee's death, or, if the loss has not then resulted thedate of the loss.
99. For contribution by a party who has paid the whole or more than his share of the amount due under a joint decree, or by a sharer in a joint estate who has paid the whole or more than his share of the amount of revenue due from himself and his co-shares.
Three years
The date of the payment in excess of the plaintiff's own share.
100. By a co-trustee to enforce against the estate
Three years
When the right to contribution accrues.
of the deceased trustee a claim for contribution.
101. For a seaman's wages.
Three years
The end of the voyage during which the wages are earned.
102. For wages not otherwise expressly provided for by this Schedule.
Three years
When the wages accrue due
103. By 93[Muslim] for exigible dower (mu ajjal). (where, during the continuance of the marriage no such demand has been made) when the marriage is dissolved by death or divorce.
Three years
When the dower is demanded and refused or
104. By a 94[Muslim] for deferred dower (mu ajjal).
Three years
When the marriage is dissolved by death or divorce.
105. By a mortgagor after the mortgage has been satisfied, to recovery surplus collections received by the mortgagee.
Three years
When the mortgagor re-enters on the mortgaged property.
106. For an account and a share of the profits of a dissolved partnership.
Three years
The date of the dissolution.
107. By the manager of a joint estate of an undivided family for contribution, in respect of a payment made byhim on account of the estate.
Three years
The date of the payment.
108. By a lessor for the value of trees cut down by his lessee contrary to the terms of the lease. Three years
When the trees are cut down.
109. For the profits of immovable property belonging to the plaintiffwhich have been wrongfully received by the defendant. Three years
When the profits are received.
110. For arrears of rent.
Three years
When the arrears become due.
111. By a vendor of immovable property for personal payment of unpaid purchase-money.
Three years
The time fixed for completing the sale, or (where the title is accepted after the time fixed for completion) thedate of the acceptance.
112. For a call by a company registered under any Statute or Act.
Three years
When the call is payable.
113. For specific performance of a contract.
Three years
The date fixed for the performance, or if no such date is fixed, when the plaintiff has notice that performance is
refused.
114. For the rescissionof a contract.
Three years
When the facts entitling the plaintiff to have the contract rescinded first become known to him.
115. For compensation for the breach of anycontract, express or implied, not in writing registered and not herein specially provided for.
Three years
When the contract is broken, or (where there are successive breaches) when the breach in respect of which the suit is instituted occurs, or (where the breach is continuing) when it ceases.
Part VII.---Six years.
116. For compensation for the breach of a contract in writing registered.
Six years
When the period of limitation would beginto run against a suit brought on a similar contract not registered.
117. Upon a foreign judgment as defined in the Code of Civil Procedure, 1908.
Six years
The date of the judgment
118. To obtain a declaration that an alleged adoption is invalid, or never, infact, took place.
Six years
When the alleged adoption becomes known to the plaintiff.
119. To obtain a declaration that an adoption is valid.
Six years
When the rights of the adopted son, as such arei nterfered with.
120. Suit for which no period of limitation is provided elsewhere in this schedule. Six years
When the right to sue accrues.
121. To avoid incumbrances or conclusive. undertenures in an entire estate sold for arrears of Government revenue, or in a patni taluq or other saleable tenure sold for arrears of rent.
Twelve years
When the sale becomes final and conclusive
122. Upon a judgment obtained in 97[Pakistan] or a recognisance. 98[Twelve years]
The date of the judgment or recognizance.
123. For a legacy or for a share of a residue bequeathed by a testator, or for a distributive share of the property of an intestate. 98[Twelve years]
When the legacy or share becomes payable or deliverable.
124. For possession of hereditary office
98[Twelve years]
When the defendant takes possession of the office adversely to the plaintiff.
Explanation.---An hereditary office is possessed when the profits thereof are usually received, of (if there are no profits) when the duties thereof are usually performed.
125. Suit during the life of a Hindu or 1[Muslim] female by a Hindu or 1[Muslim] who, if the female died at the date of instituting the suit would be entitled to the possession of land, to have an alienation of such land made by the female declared to be void except for her life or until her remarriage. 2[Twelve years]
The date of the alienation.
126. By a Hindu governed by the law of the Mitakshara to set aside his father's alienation of ancestral property. 2[Twelve years]
When the alienee takes possession of the property
127. By a person excluded from joint family property to enforce a right to share therein. 2[Twelve years]
When the exclusionbecomes known to the plaintiff.
128. By a Hindu for arrears of maintenance 2[Twelve years]
When the arrears are payable.
129. By a Hindu for a declaration of his right to maintenance. 2[Twelve years]
When the right is denied.
130. For the resumption or assessment of rent- free land. 2[Twelve years]
When the right to resume or assess the land first accrues.
131. To establish a periodically recurring right. 2[Twelve years]
When the plaintiff is first refused the enjoyment of the right.
132. To enforce payment of money charged upon immovable property.
3[Twelve years]
When the money sued for becomes due
4[Explanation,--- For the purposes of this article---
(a) the allowance and fees respectively called malikana
and haqqs, and
(b) the value of any agricultural or other produce the right to receive which is secured by a charge upon immovable property, 5[and
(c) advances secured by mortgage by deposit of title deeds].
shall be deemed to be money charged upon immovable property.
6[*************]
134. To recover possession of immovable property conveyed or -bequeathed in trust or mortgaged and afterwards transferred by the trustee or mortgagee for a valuable consideration. 3[Twelve years]
7[When the transfer becomes known to theplaintiff.]
8[134A. To set aside a transfer of immovable property comprised in a Hindu, 9[Muslim] or Buddhist religious or charitable endowment made by a manager thereof for a valuable consideration.
Twelve years
When the transferbecomes known to the plaintiff.
134B. BY the manager of a Hindu, 9[Muslim] or Buddhist religious or charitable endowment to recover possession of immovable property comprised in the endowment which has been transferred by previous manager for a valuable consideration.
Twelve years
The death, resignation orremoval of the transferor
134C. By the manager of a Hindu, 9[Muslim] or Buddhist religious or charitable endowment to recovery possession of movable property comprised 10[Twelve years]
The death, resignation orremoval of the seller.
in the endowment which has been sold by a previous manager for a valuable consideration.
135. Suit instituted in a Court 11[other than a High Court] by a mortgagee for possession of immovable property mortgaged.
12[Twelve years]
When the mortgagor'sright to possession determines.
136. By a purchaser at a private sale for possession of immovableproperty sold when the vendor was out of possession at the date of the sale.
12[Twelve years]
When the vendor is first entitled to possession.
137. Like suit by a purchaser at a sale in execution of a decree when the judgment-debtor was out of possession at the date of the sale. 12[Twelve years]
When the judgment-debtor is first entitled to possession.
138. Like suit by a purchaser at a sale in execution of a decree when the judgment-debtor was in possession at the date of the sale. 12[Twelve years]
The date when the sale becomes absolute.
139. By a landlord to recover possession from a tenant.
13[Twelve years]
When the tenancy is determined.
140. By a remainderman, a reversioner (other than a landlord) or a devisee, for possession of immovable property.
13[Twelve years]
When his estate falls into possession.
141. Like suit by a Hindu or 14[Muslim] entitled to the possession of immovable property on the death of a Hindu or 14[Muslim] female.
13[Twelve years]
When the female dies.
142. For possession of immovable property when the plaintiff, while in possession of the property, has been dispossessed or has discontinued the possession.
13[Twelve years]
The date of the dispossession or discontinuance.
143. Like suit, when the plaintiff has become come entitled by reason of any forfeiture or breach of condition.
15[Omitted].
13[Twelve years]
When the forfeiture is incurred or the condition is broken.
145. Against a depository or pawnee to recover movable property deposited or pawned.
Thirty years
The date of the deposit or pawn.
146. Before a 16[High Court] in the exercise of its ordinary original civil jurisdiction by a mortgagee to recover from the mortgagor the possession of immovable property mortgaged.
17[Thirty years]
When any part of the principal or interest was last paid on account of the mortgage-debt.
146A. By or on behalf of any local authority for possession of any public street or road or any part thereof from which it has been dispossessed or of which it has discontinued the possession.
17[Thirty days]
The date of the dispossession or discontinuance
147. By a mortgagee for foreclosure or sale.
Sixty years
When the money secured by the mortgage becomes due.
148. Against a mortgagee to redeem or to recover possession of immovable property mortgaged.
18[Sixty years]
When the right to redeem or to recovery possession accrues:
Provided that all claims to redeem arising under instruments of mortgage of immovable property situate in Lower Burma which had been executedbefore the first day of May, 1863, shall be governed by the rules of limitation in force in that Province immediately before the same day.
149. 19[Any suit by "or on behalf of the Federal ]20 Government or any Provincial Government] 21[except a suit before the 22[Supreme Court] in the exercise of itsoriginal jurisdiction].
18[Sixty years]
When the period of limitation would beginto run under this Act against a like suit by a private person.
150. Under the Code of Criminal Procedure, 1898 from a sentence of death passed by a Court of Session 23[or by a High Court in the exercise of its original Criminal Jurisdiction].
24[******************]
Seven days
The date of the sentence.
151. From a decree or order
Twenty
The date of the decree or order.
of 25[a High Court] in the exercise of its original jurisdiction.
days
152. Under the Code of Civil Procedure, 1908 to the Court of a District Judge.
Thirty days
The date of the decree or order appealed from.
153. Under the same Code to High Court from an order of a Subordinate Court refusing leave to appeal to 26[Supreme Court].
27[Third days]
The date of the order.
154. Under the Code of Criminal Procedure 1898, to any Court other than a High Court.
28[Thirty days]
The date of the sentence or order appealed from.
155. Under the same Code to a High Court, except in the cases provided for by Article 150 and Article 157.
Sixty days
The date of the sentence or order appealed from
156. Under the Code of Civil Procedure, 1908, to a High Court, except in the cases provided for by Article 151 and Article 153.
Ninety days
The date of the decree or order appealed from.
157. Under the Code of Criminal Procedure, 1898, from an order of acquittal.
Six months
The date of the order appealed from.
29[158. Under the Arbitration Act, 1940, to set aside an award or to get an award remitted for reconsideration.
Thirty days
The date of service of the notice of filing ofthe award.
159. For leave to appear and defend a suit under summary procedure referred to in section 128 (2)(f) 30[or under Order XXXVII of the 31[Code of Civil Procedure, 1908].
32[Ten days]
When the summons is served.
160. For an order under the same Code, to restore to the file an application for review rejected in consequence of the failure of the applicant to appear when the application was called on for hearing.
Fifteen days
When the application for review is rejected.
161. For a review of judgment by a 33* Court of small Causes 34**** or by a Court invested with the jurisdiction of a 35* Court of Small Causes when exercising that jurisdiction.
32[Fifteen days]
The date of the decree or order.
162. For a review of judgment
Twenty
The date of the decree ororder.
by 36[a High Court in the exercise of its original jurisdiction.
37162-A. [Repealed].
days
163. By a plaintiff for an order to set aside a dismissal for default of appearance or for failure to pay costs of service of process or to furnish security for costs.
Thirty days
The date of the dismissal
164. By a defendant, for an order to set aside a decree passed ex parte.
38[Thirty days]
The date of the decree orwhere the summons was not duly served, when theapplicant has knowledge of the decree.
165. Under the Code of Civil Procedure, 1908 by a person dispossessed of immovable property and disputing the right of the decree-holder or purchaser at a sale in execution of a decree to be put into possession.
39[Thirty days]
The date of the dispossession.
166. Under the same Code to set aside a sale in execution of a decree 40[including any such application by a judgment-debtor].
39[Thirty days]
The date of the sale.
167. Complaining of resistance of obstruction to delivery of possession of immovable property decreed or sold in execution of a decree.
39[Thirty days]
The date of theresistance or obstruction
168.For the readmission of an appeal dismissed for want of prosecution.
39[Thirty days]
The date of thedismissal.
169. For the re-hearing of an appeal heard ex parte.
39[Thirty days]
The date of the decree in appeal, or, where notice of the appeal was not dulyserved, when theapplicant has knowledgeof the decree.
170. For leave to appeal as a pauper.
41[Thirty days]
The date of the decreeappealed from.
171. Under the Code of Civil Procedure, 1908, 42[by the legal representative of a deceased plaintiff or defendant for setting aside an order or judgment made or pronounced in his absence].
Sixty days
43[The date of the order or judgment].
172. Under the same Code by the assignee or the receiver of
41[Sixty days]
The date of the order of dismissal.
an insolvent plaintiff or appellant for an order to set aside the dismissal of a suit or an appeal.
173. For a review of judgment except in the cases provided for by Article 161 and Article 162.
Ninety days
The date of the decree or order.
174. For the issue of a notice under the same Code, to show cause why any payment made out of Court of any money payable under a decree or any adjustment of the decree should not be recorded as certified.
44[Ninety days]
When the payment or adjustment is made.
175. For payment of the amount of a decree by instalments.
Six months
The date of the decree.
176. Under the same Code to have the legal representative of a deceased plaintiff or of a deceased appellant made a party.
45[Ninety days]
The date of the death of the deceased plaintiff or appellant.
177. Under the same Code to have the legal representative of a deceased defendant or of a deceased respondent made a party.
45[Ninety days]
The date of the death ofthe deceased defendant orrespondent.
46[178. Under the Arbitration Act, 1940, for the filing in Court of an award.
Ninety days
The date of service of the notice of the making of the award].
179. By a person desiring to appeal under the 47[Code of Civil Procedure, 1908] to 48[the Supreme Court] for leave to appeal.
45[Ninety days]
The date of the decree appealed from.
180. By a purchaser of immovable property at a sale in execution of a decree for delivery of possession.
Three years
When the sale becomes absolute.
181. Applications for which no period of limitation is provided elsewhere in this schedule or by section 48 of the Code of Civil Procedure, 1908.
50[182. [* * * * * *]
49[Three years]
When the right to apply accrues.
183. To enforce a judgment, decree or order of any 51[High Court] in the exercise of its ordinary original civil
53[Six years]
When a present right to enforce the judgment, decree or order accrues to some person capable of releasing the right:
jurisdiction, or an order of 52(the Supreme Court).
Provided that when the judgment, decree or order has been revived, or some part of the principal money secured thereby, or some interest on such money has been paid, or some acknowledgment of the right thereto has been given in writing signed by the person liable to pay such principal of interest, or his agent to the person entitled thereto or his agent, the twelve years shall be computed from the date of such reviver payment or acknowledgment or the latest of such revivers, payment or acknowledgments, as the case may be.
THE SECOND SCHEDULE---[TERRITORIES REFERRED TO IN SECTION 31.] Rep. by the Repealing and Amending Act, 1930 (VIII of 1930), S.3 and Second Schedule.
THE THIRD SCHEDULE---[ENACTMENTS REPEALED.] Rep. by the Second Repealing and Amending Act, 1914
(XVII of 1914), S.3 and Second Schedule.

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