Continuous Running of Time under Section 9 – Limitation Act 1908
Introduction: The Principle of Continuous Time Running
Continuous running of time is a foundational rule under Section 9 of the Limitation Act (1908/1963), stating that once time begins to run, it continues uninterrupted—even if legal disability or delay occurs. This principle is applied across various legal systems to prevent stale claims.
This article explains the scope of this rule—its origin, rationale, and real-world impact—and explores the statutory exceptions, such as absence of a defendant, legal disability, injunctions, and proceedings in courts lacking jurisdiction. Practical examples and cases from jurisdictions across the subcontinent help illustrate how the doctrine operates regionally.
The Limitation Act is a statute that sets out the time limits within which legal proceedings must be brought in relation to a specific cause of action.
In general, the Limitation Act aims to ensure that legal disputes are resolved promptly and that the passage of time does not undermine the integrity of legal proceedings. One of the key provisions of the Limitation Act is the concept of "continuous running of time." This refers to the idea that the time limit for bringing a legal claim begins to run from the date that the cause of action arises, and continues to run until the claim is brought or until it is barred by the expiration of the time limit.The Legal Foundation of Section 9:
This section is founded on the general principle that once a limitation has commenced running, it will continue to do so unless it is stopped by virtue of any express statutory provisions. Once the period of limitation commences, it cannot be stopped or avoided by introducing another cause of action or relief in the suit or by reformulating them
Core Rule: Continuous Running Once Time Begins
Scope and Applicability of Section 9:
Key Elements Required Under Section 9:
(i) → Start of Time Running:
For the applicability of section 9, it is necessary that the time has begun to run. Generally, the time begins to run when the cause of action accrues, and the true test to determine when the cause of action has accrued is to ascertain the time when the plaintiff could have first maintained his action to a successful result.
(ii) → Disability vs Inability to Sue:
This includes disability to make applications for execution as well. Disability means the want of legal qualification to act, and inability means the want of physical power to act. This disability is the state of being a minor, insane, or an idiot, whereas illness, poverty, etc., are instances of inability
(iii) Subsequent Disability or Inability:
(iv) → Plaintiff‑Centric Disability/Inability
Proviso Exception: Administration by Debtor
The proviso applies only to an Administrator under the grant of letters where he is a debtor of the deceased. It does not apply to a case where there has been a fusion of the interests of the mortgagor and the mortgagee in the same person.
if a creditor (a person or entity to whom a debt is owed) passes away and the debtor (the person or entity who owes the debt) is appointed as the administrator of the creditor's estate, the time limit for the debtor to bring a legal action to recover the debt is suspended while the administration of the estate continues. In other words, if the creditor dies and the debtor is appointed to manage the creditor's estate, the debtor will not need to worry about the time limit for bringing legal action to recover the debt expiring while the estate is being settled. This provision is intended to allow the debtor to focus on managing the creditor's estate in a fair and orderly manner, without the added pressure of having to worry about the time limit for recovering the debt.
Practical Illustration of the Proviso
Suppose that a person (the creditor) is owed a debt by another person (the debtor). The creditor passes away, and the debtor is granted letters of administration to the creditor's estate.
Under the proviso, the time limit for bringing a legal claim to recover the debt is suspended while the administration of the creditor's estate continues. This means that the time limit for bringing the claim will not begin to run until the administration of the estate is completed.
For example, if the time limit for bringing a claim to recover the debt is six years, and the administration of the creditor's estate takes three years to complete, the debtor will have an additional three years to bring the claim once the administration is finished.
It is worth noting that this proviso only applies in situations where the creditor's estate is being administered by the debtor. If the creditor's estate is being administered by someone else (such as a different family member or a professional administrator), the time limit for bringing a claim to recover the debt will not be suspended.
When Limitations Can Be Suspended or Excluded
(i) Letters of Administration
According to the proviso to section 9, where letters of administration to the estate of a creditor are granted to his debtor, the running of the time prescribed for a suit to recover the debt shall be suspended, while the administration continues.
The principle of the proviso is that when the right to sue and the right to be sued vest and unite by any act of law in the same person, the running of the time will be suspended during such union of rights.
(ii) Time for Appeals or Reviews
In computing the period of limitation prescribed for an appeal, an application for leave to appeal, and an application for a review of the judgment, the time requisite for obtaining a copy of the decree, sentence, or order appealed from or sought to be reviewed shall be excluded. Likewise, in the case of an application to set aside an award, the time requisite for obtaining a copy of the award shall be excluded.
(iii) Defendant’s Absence from Territory
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.
(iv) Proceeding in a Court Lacking Jurisdiction
In computing the period of limitation prescribed for any suit or application, the time during which the plaintiff or applicant has been prosecuting with due diligence another civil proceeding, against the same party in good faith in a court having no jurisdiction, shall be excluded.
Case Law: (2002 SCMR 144]
Provision of section 14 of the Limitation Act, 1908 applies to a case where the court by its own order, has terminated the suit or proceedings on the ground that it has no jurisdiction to entertain it or that there is some other cause of like nature which makes it impossible for the court to entertain it.
(v) Court‑Ordered Injunctions or Stay Orders
(vi) Notice Period Before Suit
When notice has been given before the institution of the suit in accordance with the law. The limitation shall be suspended during the period of notice. 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.
(vii) Custody or Possession-Related Stays
Suspension Or Modification of The Ordinary Law of Limitation:
There is no principle of law outside the Limitation Act under which limitation can be suspended, and exemptions, which are not provided by the statute, can be assumed either on grounds of hardship or of reasonableness.
However, the Courts do recognize the general principle of suspension of limitation and right of action in cases where a party is prevented under certain circumstances from taking action in pursuance of his rights. In each case, the Court is to find out if there are any special circumstances that can suspend or modify the ordinary law of limitation as applicable to a particular case.
- (i): Where the rights of the litigant have been duly set aside and thereafter the decision is reserved.
- (i) Where the decree is in such a form and the circumstances are such that it is incapable of execution except on the happening of certain events.
- (ii) Whereby some provisions of enactment, the institution of the suit or the making of an application has been suspended.
- (iv) Where the execution of the decree has been suspended by no act or default of the decree-holder.
- (v) Where the rights of the parties have been determined by passing a criminal decree in a partition action, and then the party takes no steps.
- (vi) Where the rights of the parties to have the number of mesne profits calculated or determined by a decree, and the applicants take no further steps.
- (vii) Where a collateral proceeding decided in the meantime prevents the reaping of fruit.
Cases in Which Limitation is Interrupted:
- (i) Continuing Breach:
- In the case of a continuing breach of contract and in the case of a continuing wrong independent of the 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
- (ii) Payment: 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 authorized agent, a fresh period of limitation shall be computed from the time when the payment was made
- (iii) Receipt of Mortgage:
- Receipt of the produce of the mortgage land by the mortgagee in possession.
- (iv) Written Acknowledgement: Written acknowledgment of liability signed by the defendant.
Cases in Which Limitation is Extended:
Categories Where Limitation Does Not Operate: (Section 10)
Suits against express trustees and their representatives.
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 assigned 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. In such a case, limitation does not run at all.
Final Summary and Legal Significance:
To conclude that the rule of section 9 of the Limitation Act, 1908, says that once time has begun to run, it continues to do so until the entire prescribed period has run out. This rule of section 9 is applicable to suits as well as applications. This rule is subject to certain exceptions where time may be suspended for a certain period. These are, however, certain circumstances which suspend, interrupt, or extend the run of the limitation, and there are certain cases where the limitation does not run at all.
Frequently Asked Questions (FAQs)
What is the meaning of "continuous running of time" under the Limitation Act?
"Continuous running of time" refers to the principle that once the limitation period begins, it continues to run uninterrupted regardless of any subsequent event, unless explicitly paused or extended under specific legal provisions such as fraud or disability at the time the cause of action arose.
Which section of the Limitation Act governs continuous running of time?
Section 9 of the Limitation Act governs the principle of continuous running of time. It states that once the limitation period begins, it is not affected by any subsequent disability or inability to act on the part of the plaintiff or applicant.
Explain the statement "When time starts running, it shall not be stopped by a subsequent event."
This means that once the clock of limitation begins ticking, any later event—such as illness, minority, or other incapacity—will not interrupt or extend the limitation period unless specifically provided by law. This rule promotes legal certainty and prevents indefinite delays in filing suits or applications.
Discuss the law of continuation of the limitation period.
Under the law of limitation, once the statutory period for filing a suit, appeal, or application begins, it continues uninterrupted. The only exceptions arise under Sections such as 5, 6, or 14 of the Limitation Act—covering condonation of delay, legal disability at the time of accrual, or exclusion of time due to proceedings in a wrong forum. Otherwise, the law assumes a continuous running of time without pause or reset.
Can limitation be extended due to personal circumstances?
Generally no. Personal or subsequent disabilities like illness or imprisonment do not extend limitation once it starts running. However, the law may allow extension under specific exceptions like legal disability at the beginning of the cause of action or under principles of condonation of delay under Section 5 (for appeals and applications).