Limitation Act, 1995 (1938 A.D.)

No: 9 Dated: Sep, 07 1995

THE LIMITATION ACT, 1995 (1938 A.D.)

(Act No. IX of Samvat 1995)

    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 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 No. IX of 1995.

(2) It extends to the whole of Jammu and Kashmir State including the Illaqas of Poonch and Chenani.

(3) It shall come into force one year after the date when after receiving the assent of His Highness the Maharaja Bahadur it is published in the Government Gazette.

2. Definitions. - In this Act, unless there is anything repugnant in the subject or context, -

(1) "applicant" includes any person from or through whom an applicant derives his right to apply;

(2) "bills of exchange" include a hundi, brat 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) omitted;

(6) "foreign country" means any country other than India;

(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" means any instrument whereby the maker engages absolutely to pay a specified sum of money to another at a time therein limited, or on demand, or at sight;

(10) "suit" does not include an appeal or an application; and

(11) "trustee" does not include a benamindar, a mortgagee remaining in possession after the mortgage has been satisfied, or a wrong-doer in possession without title.