The Specific Relief of Act 1877 The Law of Limitation Act, 1908 ARNAB KUMAR DAS Port City International University, Chittagong, Bangladesh. SID: LLB 00305037

1. What is the general rules of computation of limitation period? State the procedure
of extension of limitation period.
The general rule regarding the limitation period have been discussed in section 3 of The
Limitation Act, 1908. According to section 3, “if any appeal or application have been filed after
the time prescribed in the schedule 1 of this Act, then appeal or application will be barred by
limitation and that case will be dismissed because of the expiration of the limitation of period”.
Time extension procedure: The time extension procedure in case of computation of limitation
period have been discussed in section 4 to 7 of The Limitation Act. They are as follows:
1. Suspension of court: If in the last date for filing a case, appeal or application the court is
suspended, then the limitation period will extend up to the date of opening. (Section 4)
2. Condonation of delay: Any appeal or application for a revision, 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. (Section 5)
3. Legal disability (Section 6 )
4. Disability of alone of several plaintiffs or applicant (Section 7)
Which type of incident may be excluded from computation of Limitation period?
According to section 12 of The Limitation Act:
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 complained of was pronounced , and
the time requisite for obtaining a copy of the decree, Sentence or order appealed from or
sought to reviewed, shall be excluded.
3. Where a decree is appealed from or sought to 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 .
In what type of proceedings section 5 of the Limitation Act will be applicable?
Any appeal or application for a revision, 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.
Application of special laws in case of computation of Limitation period?
This matter is discussed in section 29 of the limitation Act. It is stated that,
1. Nothing in this Act shall affect section 25 of the contract Act, 1872.
2. Where any special law prescribes for any suit , appeal or application a period of
limitation different from the period prescribed therefore by the first schedule the
provision of section 3 apply , as if such period therefore in that schedule and for the
purpose of determining any period of limitation prescribed for any suit , appeal or
application by any special law.

2. 3. Nothing in this Act shall apply to suits under the divorce Act.
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Section 26 and 27 and the definition of “easement” in section 2 shall not apply to cases arising
in territories to which the easement Act, 1882 may for the time being extend.
Condonation of delay and adverse possession.
According to section 28 of the limitation Act, extinguishment of right to property: 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.
Article 142, “For possession of immovable property when the plaintiff, while in possession of
the property, has been disposed or has discontinued the possession”.
Easement Rights and it’s elements.
According to section 26 of the Limitation Act 1908,
1. Where the access and use of light, access and use of Air, Right to way, Right to water
course, Right to use water.
2. Each of the said period of twenty years shall be taken to be a period ending within two
year next before the institute of the suit wherein the claim to which such period relates is
contested.
3. Where the property over which a right is claimed under section 1 belongs to the sub
section shall be read as if for the words “twenty years” the words “sixty years” were
substituted.