# Limitation articles in 9 flashcards.

> Articles 10 (pre-emption, one year), 91 (cancellation, three years), 113 (specific performance, three years), 120 (residuary suits, six years), 142 (possession, twelve years), 156 (appeal to the High Court, ninety days), 164 (ex parte decree, thirty days), 181 (residuary applications, three years) and section 5 (condoning delay).

- Topic: Law study
- For: Law students
- A 10-slide carousel: https://failegal.site/media/limitation-articles-in-9-flashcards
- Published by FAI Legal on 2026-10-12

## Quick quiz. Never served.

Guess first, then swipe for the answer.

- **A. The date of the decree**
- **B. When you learn of the decree**
- **C. The date the suit was filed**

## Answer: B. Article 164.

Not served? Knowledge starts the clock.

> "Thirty days. The date of the decree or where the summons was not duly served, when the applicant has knowledge of the decree." (Limitation Act, 1908 · First Schedule, Article 164)

## Property. Cards 1 to 3.

Land, title and documents.

- **Pre-emption** One year from physical possession, or registration where no physical possession. (Art. 10)
- **Possession** Twelve years from dispossession or discontinuance. (Art. 142)
- **Cancel a document** Three years from knowing the facts. (Art. 91)

## Residue. Cards 4 to 6.

When nothing else fits.

- **Specific performance** Three years from the date fixed, or notice of refusal. (Art. 113)
- **Residuary suit** Six years from when the right to sue accrues. (Art. 120)
- **Residuary application** Three years from when the right to apply accrues. (Art. 181)

## Appeals. Cards 7 to 9.

Appeals and delay.

- **Appeal to High Court** Ninety days from the decree or order (CPC). (Art. 156)
- **Set aside ex parte** Thirty days from decree or knowledge. (Art. 164)
- **Condone delay** Appeals and applications, on sufficient cause. Not suits. (s.5)

## Art. 120 or Art. 181?

Exam favourite.

- **Art. 120** A suit with no other article: six years.
- **Art. 181** An application with no other article: three years.
- **The key** Suit or application? That decides the residuary period.

## Exam traps.

Read the third column.

- **s.5 Explanation** Being misled by a High Court order, practice or judgment can be sufficient cause.
- **Art. 164** Not served? Time runs from knowledge, not from the decree.
- **Art. 10** No physical possession possible? Time runs from registration.

## Revise with FAI.

Ask FAI in your own words. It answers with the exact article and the leading judgments.

- **Limitation for a suit for possession after dispossession, with cases.**
- **Does section 5 of the Limitation Act apply to suits?**

## What this does not mean

- Section 5 lets a court condone delay in appeals and applications on sufficient cause. It does not apply to suits.
- The residuary periods apply only when no other article fits: six years for a suit (Art. 120) and three years for an application (Art. 181).
- Under Art. 164 time runs from knowledge only where the summons was not duly served. Otherwise it runs from the date of the decree.

## Questions people ask

### What is the time limit to set aside an ex parte decree in Pakistan?

Thirty days under Art. 164. Time runs from the date of the decree, or from when you learn of it if the summons was not duly served.

### What is the limitation for a suit for possession after dispossession?

Twelve years from dispossession or discontinuance of possession (Art. 142).

### What is the limitation period for a specific performance suit?

Three years from the date fixed for performance, or from notice of refusal (Art. 113).

### Does section 5 of the Limitation Act apply to suits?

No. Section 5 covers appeals and applications on sufficient cause, not suits. Its Explanation says being misled by a High Court order, practice or judgment can be sufficient cause.

### What is the time limit for an appeal to the High Court?

Ninety days from the decree or order under the CPC (Art. 156).

## Sources

- Limitation Act, 1908 · First Schedule, Article 164: By a defendant, for an order to set aside a decree passed ex parte

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