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The Limitation Act, 1877

Act No. XV of 1877
Date of Assent: [Date from original act]
Status: Active

Preamble

An Act to consolidate and amend the law relating to the limitation of suits and other proceedings.

Short Title and Commencement

This Act may be called the Limitation Act, 1877, and shall extend to the whole of Bangladesh.

Definitions

Limitation: The legally prescribed time period within which a legal action must be commenced.

Period of Limitation: The time specified in the Schedule for any suit, appeal, or application.

Main Provisions

Chapter I - Preliminary

Section 1 - Definitions

  • "Plaintiff" includes any person from whom relief is claimed
  • "Defendant" includes any person against whom relief is claimed
  • "Suit" does not include an appeal or an application

Chapter II - Limitation of Suits

Section 2 - Limitation of Suits, Appeals and Applications

Every suit instituted, every appeal preferred, and every application made after the period of limitation prescribed shall be dismissed, although limitation has not been set up as a defence.

Section 3 - Bar of Limitation

Subject to the provisions contained in sections 4 to 24 (inclusive), every suit instituted and every application made after the period of limitation prescribed shall be dismissed.

Chapter III - Computation of Period of Limitation

Section 4 - Commencement of Period

Save as otherwise provided in any of the sections 6 to 18, the period of limitation for any suit, appeal, or application shall be computed from the day when the right to sue first accrues.

Section 5 - Extension of Period in Certain Cases

In computing the period of limitation for any suit, appeal, or application, the day from which such period is to be reckoned, shall be excluded.

Chapter IV - Acquisition of Ownership by Limitation

Section 26 - Effect of Limitation

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

The Schedule

PART I - SUITS RELATING TO ACCOUNTS PART II - SUITS RELATING TO CONTRACTS PART III - SUITS RELATING TO IMMOVABLE PROPERTY PART IV - SUITS RELATING TO MOVABLE PROPERTY PART V - SUITS RELATING TO TORTS PART VI - MISCELLANEOUS SUITS

Historical Context

This Act was enacted to prevent stale claims and ensure that legal rights are exercised within reasonable time limits.

Current Application

This Act continues to govern limitation periods for various types of legal proceedings in Bangladesh, though it has been subsequently amended and superseded in part by newer legislation.

Source: Bangladesh Laws - Ministry of Law, Justice and Parliamentary Affairs
Available at: http://bdlaws.minlaw.gov.bd/act-details-12.html