Courts and procedure · For advocates
Limitation: the deadline that kills cases.
In short
Section 3 means the court dismisses a time-barred case even if nobody objects.
By the FAI Legal editorial desk · 10 October 2026 · 9 slides · 2 min read
Even if nobody objects.
The court must dismiss a time-barred case on its own.
“every suit instituted, appeal preferred, and application made after the period of limitation prescribed therefor by the First Schedule shall be dismissed although limitation has not been set up as a defence.”
Limitation Act, 1908 · Section 3, Dismissal of suit, etc. instituted, etc. after period of limitation
Quick test. No peeking.
Civil judge decree. Appeal to the District Judge.
- A. 30 days
- B. 60 days
- C. 90 days
Answer: A. 30 days.
Time runs from the date of the decree or order.
- Appeal to the District Judge30 days (First Schedule, Art. 152).
- Appeal to the High Court90 days (Art. 156, save Arts. 151 and 153).
- Civil revision, CPC s.11590 days from the decision of the subordinate court.
Copy time is excluded.
For appeals, leave to appeal and review (s.12(2)-(5)).
- Day of the judgmentExcluded.
- Time to get the copyFrom the day you apply to the day you are told it is ready.
- Copy of the judgment tooWhere a decree is appealed from (s.12(3)).
Two more savings.
Sections 4 and 14.
- Court closed on the last dayFile on the day it re-opens (s.4).
- Wrong forum, in good faithTime spent with due diligence in a court without jurisdiction is excluded (s.14).
Late? Show sufficient cause.
Section 5 covers appeals and certain applications. Not suits.
“may be admitted after the period of limitation prescribed therefor, 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.”
Limitation Act, 1908 · Section 5, Extension of period in certain case
The article. The case law.
Ask FAI for the period. It gives the exact article, the exclusions, and judgments on condonation.
- Limitation for an appeal against a civil judge's decree, copy applied on day 10?
- Judgments where delay in a civil revision was condoned.
Example questions
What this does not mean
- Section 5 covers appeals and certain applications, not suits.
- The court does not wait for the other side to object. A time-barred case shall be dismissed even if limitation is not raised (s.3).
- The exclusion of copy time in s.12(2) to (5) is for appeals, leave to appeal and review.
Questions people ask
What is the limitation for an appeal against a civil judge decree in Pakistan?
Thirty days to the District Judge, from the date of the decree or order (Limitation Act, First Schedule, Art. 152).
What is the limitation for an appeal to the High Court?
Ninety days under Article 156, save Articles 151 and 153.
Is the time to get a certified copy excluded from limitation?
Yes, for appeals, leave to appeal and review. The day of the judgment is excluded, and so is the time from the day you apply for the copy to the day you are told it is ready (s.12).
What if the court is closed on the last day of limitation?
You can file on the day the court re-opens (s.4).
Can delay in filing an appeal be condoned in Pakistan?
Under section 5 of the Limitation Act, an appeal or certain applications may be admitted late if you satisfy the court you had sufficient cause. This does not apply to suits.
Sources
- Limitation Act, 1908 · Section 3
Dismissal of suit, etc. instituted, etc. after period of limitation Pakistan Code - Limitation Act, 1908 · Section 5
Extension of period in certain case Pakistan Code
Educational legal information, not legal advice. Every case turns on its own facts. Speak to a qualified lawyer about your situation. Review status: Pending advocate review. How we check.
