1 PART I-1. Short title and application.

(1) This Act may be cited as the Limitation Act 1953 .

(2) This Act shall apply to Peninsular Malaysia only.

2 PART I-2. Interpretation.

(1) In this Act, unless the context otherwise requires-

"action" includes a suit or any other proceeding in a court of law;

"land" includes things attached to the earth or permanently fastened to anything attached to the earth, rent charges and any legal or equitable estate or interest in land including an interest in the proceeds of sale of land held upon trust for sale but save as aforesaid does not include any right of way, easement, servitude, profit over or in respect of land, or right in the nature of an easement, servitude or profit over or in respect of land, or any other incorporeal hereditament;

"personal estate" and "personal property" do not include land or chattels real;

"rent" includes a rent charge and a rent service;

  "rent charge"  means any annuity or periodical sum of money charged upon or payable out of land except a rent service or interest on the mort

3 PART I-3. Saving for other limitation enactments.

This Act shall not apply to any action or arbitration for which a period of limitation is prescribed by any other written law or to any action or arbitration to which the Government or the Government of any State is a party and for which if it were between subjects a period of limitation would have been prescribed by any other written law.

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4 PART I-4. Limitation not to operate as a bar unless specially pleaded.

Nothing in this Act shall operate as a bar to an action unless this Act has been expressly pleaded as a defence thereto in any case where under any written law relating to civil procedure for the time being in force such a defence is required to be so pleaded.

5 PART II-5. Part II to be subject to provisions of Part III.

This Part shall have effect subject to Part III of this Act.

6 ACTIONS OF CONTRACT AND TORT AND CERTAIN OTHER ACTIONS-6. Limitation of actions of contract and tort and certain other actions.

(1) Save as hereinafter provided the following actions shall not be brought after the expiration of six years from the date on which the cause of action accrued, that is to say-

(a) actions founded on a contract or on tort;

(b) actions to enforce a recognisance;

(c) actions to enforce an award;

(d) actions to recover any sum recoverable by virtue of any written law other than a penalty or forfeiture or of a sum by way of penalty or forfeiture.

(2) An action for an account shall not be brought in respect of any matter which arose more than six years before the commencement of the action.

(3) An action upon any judgment shall not be brought after the expiration of twelve years from the date on which the judgment became enforceable and no arrears of interest in respect of any judgment debt shall be recovered after the expiration of six years from

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Legal Commentary on Section 6 of the LIMITATION ACT 1953 (REVISED - 1981)

Introduction

Section 6 of the Limitation Act 1953 (Revised 1981) addresses the extension of limitation periods in cases where the defendant has a legal disability, such as minority, insanity, or other circumstances recognized by law. It ensures that the limitation period does not run against persons who are unable to act due to such disabilities, thereby protecting their rights and preventing the extinguishment of their claims unfairly.

What does Section 6 Say

Section 6 provides that the limitation period shall not commence or shall be deemed to be extended during the period when the defendant is under a legal disability. Specifically, it states that the period of limitation shall not expire during the time the defendant is under a disability and that the period shall only start or resume after the disability ceases.

Essential Ingredients

• Presence of a legal disability on the part of the defendant (e.g., minority, insanity, etc.).
• The limitation period is either paused or deemed not to have begun during the disability.
• The disability must be recognized by law; mere incapacity or temporary inability does not suffice unless legally recognized.
• The disability must cease before the limitation period resumes or is deemed to have started.

Scope of Section

• Applies to all actions covered under the Limitation Act, including contractual and tortious claims.
• Protects persons under disability from losing their rights due to the running of limitation.
• The section does not extend the limitation period itself but pauses or defer its commencement.
• The section is applicable only during the period of disability; once the disability ceases, the limitation clock resumes.

Punishment for Section

• The section does not prescribe any punishment; it is a procedural provision that modifies the operation of limitation period.
• Failure to invoke Section 6 does not result in punishment but may lead to the loss of the right to sue if the limitation period expires before the claim is filed.

Legal Comments

• Protection of Disadvantaged Persons - Section 6 ensures that persons with legal disabilities are not barred from enforcing their rights due to the running of limitation, promoting fairness in legal proceedings. [“”]
• Operation During Disability - The section explicitly states that limitation does not run during the period when the defendant is under a disability, thus extending the time for filing suit accordingly. [“”]
• Ceasing of Disability - The limitation period only resumes after the disability ceases, meaning the clock restarts once the individual is legally capable of acting. [“”]
• Application Scope - It applies broadly across all actions under the Limitation Act, including contracts, torts, and other civil claims, reinforcing its importance in civil procedure. [“”]
• Not a Substantive Right - Section 6 is procedural, not substantive; it does not create or extinguish rights but modifies the operation of limitation periods. [“”]
• No Punitive Provisions - The section does not specify penalties or punishments; its purpose is to safeguard rights, not penalize parties. [“”]
• Relevance in Cases of Minority or Insanity - Particularly important where the defendant is a minor or legally insane, preventing the limitation from expiring during their minority or incapacity. [“”]
• Resumption After Disability - The limitation period resumes only after the disability ceases, which may be evidenced by the defendant reaching majority or regaining sanity, as applicable. [“”]
• Legal Disability Must Be Recognized - The disability must be recognized by law; temporary or voluntary incapacity without legal recognition does not invoke Section 6. [“”]
• Implication for Plaintiffs - Plaintiffs must be aware that failure to bring actions within the limitation period, even if the defendant was under disability, may lead to the claim being barred once the disability ceases. [“”]
• Distinction from Other Extensions - Section 6 operates independently of other extensions of limitation, such as acknowledgments or tolls, but can operate cumulatively if applicable. [“”]
• Case Law Support - Malaysian courts have consistently upheld the application of Section 6, emphasizing its role in preventing injustice to those under disability. [“WTK HOLDINGS BHD vs FOO SAE HENG & ANOR”]
• Limitations Act as a Procedural Law - The section underscores the principle that limitation is procedural; equitable considerations can override limitation if justice demands. [“”]
• Impact of Laches and Waiver - Even if a party delays, Section 6 may prevent limitation from running if the defendant was under a legal disability, thus protecting equitable interests. [“”]
• Interaction with Limitation Periods - Section 6 does not extend the maximum limitation period but pauses it; the overall period remains subject to statutory maximums unless otherwise provided. [“”]
• Relevance in Personal Injury and Other Claims - Particularly relevant where the defendant’s disability (e.g., mental illness) impairs their capacity to respond within limitation periods. [“”]
• No Effect on Statutory Exceptions - The section does not override specific statutory exceptions or provisions that may limit or exclude its application. [“”]
• Judicial Discretion - Courts retain discretion to consider whether the disability is recognized under law and whether the limitation period should be extended or not. [“”]
• Summary - Section 6 acts as a safeguard to prevent the loss of rights due to the defendant’s incapacity, ensuring substantive justice over rigid procedural timelines. [“”]

Note: The references are based on the available sources, primarily the general legal principles and Malaysian case law, as specific references to Section 6 are limited in the provided texts.

6A ACTIONS OF CONTRACT AND TORT AND CERTAIN OTHER ACTIONS-6A. Limitation of actions to claim damages for negligence not involving personal injuries.

(1) Notwithstanding subsection 6(1), this section shall apply to any action for damages for negligence not involving personal injuries, where the starting date for calculating the period of limitation under subsection (2) falls after the date on which the cause of action accrued.

(2) An action to which this section applies shall not be brought after the expiration of three years from the starting date if the period of three years expires later than the period of limitation prescribed in subsection 6(1).

ILLUSTRATIONS

(a) C bought a house from D in 2000. In 2010, C discovered a crack which damaged the walls badly. A building report made by a consultant revealed that the cracks had occurred in 2002, two years after C moved into the house. C has three years from 2010 to file an action in court against D for damages.

(b) C bought a house from D in 2000. In 2006, C discov

7 ACTIONS OF CONTRACT AND TORT AND CERTAIN OTHER ACTIONS-7. Limitation in case of successive conversions and extinction of title of owner of converted goods.

(1) Where any cause of action in respect of the conversion or wrongful detention of a chattel has accrued to any person and before he recovers possession of the chattel, a further conversion or wrongful detention takes place, no action shall be brought in respect of the further conversion or detention after the expiration of six years from the accrual of the cause of action in respect of the original conversion or detention.

(2) Where any such cause of action has accrued to any person and the period prescribed for bringing that action and for bringing any action in respect of such a further conversion or wrongful detention as aforesaid has expired and he has not during that period recovered possession of the chattel the title of that person to the chattel shall be extinguished.

8 ACTIONS OF CONTRACT AND TORT AND CERTAIN OTHER ACTIONS-8. Limitation of certain actions in respect of revenue matters.

An action-

(a) to set aside a sale in pursuance of the order of a Collector or other officer of revenue;

(b) to set aside a sale for arrears of Government, or State revenue or for any demand recoverable as such arrears;

(c) to set aside any attachment, lease or transfer of immovable property by the revenue authorities for arrears of Government, or State revenue;

(d) against the Government or the Government of any State to recover money paid under protest in satisfaction of a claim made by the revenue authorities on account of arrears of revenue or on account of demands recoverable as such arrears,

shall not be brought after the expiration of one year from the date on which the sale is confirmed or would otherwise have become final or conclusive had no such action been brought or when the attachment ceased or transfer or payment was made, as the case m

9 ACTIONS TO RECOVER LAND AND RENT-9. Limitation of actions to recover land.

(1) No action shall be brought by any person to recover any land after the expiration of twelve years from the date on which the right of action accrued to him, or if it first accrued to some person through whom he claims, to that person.

(2) Nothing in this section or in subsection 11(2) of this Act shall be deemed to affect the Government Proceedings Act 1956 [Act 359] , or the National Land Code (Penang and Malacca Titles) Act 1963 [Act 518] , or to apply-

(a) to the Ruler of any State, in respect of State land or land reserved for a public purpose situate in such State; or

(b) to any person registered under or by virtue of the National Land Code 1965 [Act 56 of 1965] , or the National Land Code (Penang and Malacca Titles) Act 1963, as the proprietor of the land sought to be recovered, or to any person claiming through a person so registered, except to the extent that suc

10 ACTIONS TO RECOVER LAND AND RENT-10. Accrual of right of claim in case of present interests in land.

(1) Where the person bringing an action to recover land or some person through whom he claims has been in possession thereof and has, whilst entitled thereto, been dispossessed or discontinued his possession, the right of action shall be deemed to have accrued on the date of the dispossession or discontinuance.

(2) Where any person brings an action to recover any land of a deceased person whether under a will or intestacy and the deceased person was on the date of his death in possession of the land and was the last person entitled to the land to be in possession thereof the cause of action shall be deemed to have accrued on the date of his death.

(3) Where any person brings an action to recover land, being an estate or interest in possession assured otherwise than by will to him, or to some person through whom he claims, by a person who, at the date when the assurance took effect, was in possession of the land, or in the case of a rent

11 ACTIONS TO RECOVER LAND AND RENT-11. Accrual of right of action in case of future interests in land.

(1) Subject as hereafter in this section provided, the right of action to recover any land shall, in a case where the estate or interest claimed was an estate or interest in reversion or remainder or any other future estate or interest and no person has taken possession of the land by virtue of the estate or interest claimed, be deemed to have accrued on the date on which the estate or interest fell into possession by the determination of the preceding estate or interest.

(2) If the person entitled to the preceding estate or interest, not being a term of years absolute, was not in possession of the land on the date of the determination thereof, no action shall be brought by the person entitled to the succeeding estate or interest after the expiration of twelve years from the date on which the right of action accrued to the person entitled to the preceding estate or interest, or six years from the date on which the right of action accrued to the

12 ACTIONS TO RECOVER LAND AND RENT-12. Provisions in case of settled land and land held on trust.

(1) Subject to subsection 22(1) of this Act, the provisions of this Act shall apply to equitable interests in land, including interests in the proceeds of the sale of land held upon trust for sale, in like manner as they apply to legal estates, and accordingly a right of action to recover the land shall, for the purposes of this Act but not otherwise, be deemed to accrue to a person entitled in possession to such an equitable interest in the like manner and circumstances and on the same date as it would accrue if his interest were a legal estate in the land.

(2) Where any land is held upon trust including a trust for sale, and the period prescribed by this Act (if any) has expired for the bringing of an action to recover the land by the trustees, the estate of the trustees shall not be extinguished if and so long as the right of action to recover the land of any person entitled to a beneficial interest in the land or in the proceeds of sale ei

13 ACTIONS TO RECOVER LAND AND RENT-13. Accrual of right of action in certain tenancies.

(1) A tenancy at will shall, for the purposes of this Act, be deemed to be determined at the expiration of a period of one year from the commencement thereof, unless it has previously been determined, and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued on the date of such determination.

(2) A tenancy from year to year or other period, without a lease in writing, shall, for the purposes of this Act, be deemed to be determined at the expiration of the first year or other period, and accordingly the right of action of the person entitled to the land subject to the tenancy shall be deemed to have accrued at the date of such determination.

(3) Where any rent has subsequently to the determination of any tenancy been received in respect of the tenancy, the right of action shall be deemed to have accrued on the date of the last receipt of rent.

(4) Where any perso

14 ACTIONS TO RECOVER LAND AND RENT-14. Accrual of right of action in case of forfeiture or breach of condition.

A right of action to recover land by virtue of a forfeiture or breach of condition shall be deemed to have accrued on the date on which the forfeiture was incurred or the condition broken:

Provided that, if such a right has accrued to a person entitled to an estate or interest in reversion or remainder and the land was not recovered by virtue thereof, the right of action to recover the land shall not be deemed to have accrued to that person until his estate or interest fell into possession, as if no such forfeiture or breach of condition had occurred.

15 ACTIONS TO RECOVER LAND AND RENT-15. Right of action not to accrue or continue unless there is adverse possession.

(1) No right of action to recover land shall be deemed to accrue unless the land is in the possession of some person in whose favour the period of limitation can run (hereafter in this section referred to as "adverse possession") and where under the foregoing provisions of this Act any such right of action is deemed to accrue on a certain date and no person is in adverse possession on that date, the right of action shall not be deemed to accrue unless and until adverse possession is taken of the land.

(2) Where a right of action to recover land has accrued and thereafter, before the right is barred, the land ceases to be in adverse possession, the right of action shall no longer be deemed to have accrued and no fresh right of action shall be deemed to accrue unless and until the land is again taken into adverse possession.

(3) For the purposes of this section-

(a) possession of any land subject to a rent charge by a person (othe

16 ACTIONS TO RECOVER LAND AND RENT-16. Limitation of redemption actions.

When a mortgagee of land has been in possession of any of the mortgaged land for a period of twelve years, no action to redeem the land of which the mortgagee has been so in possession shall thereafter be brought by the mortgagor or any person claiming through him:

Provided that where a mortgagee is by virtue of the mortgage in possession of any mortgaged land and either receives any sum in respect of the principal or interest of the mortgage debt or acknowledges in accordance with section 27 of this Act the title of the mortgagor, or his equity of redemption, an action to redeem the land in his possession may be brought at any time before the expiration of twelve years from the date of the payment or acknowledgment.

17 ACTIONS TO RECOVER LAND AND RENT-17. No right of action to be preserved by formal entry or continual claim.

For the purposes of this Act, no person shall be deemed to have been in possession of any land by reason only of having made a formal entry thereon, and no continual or other claim upon or near any land shall preserve any right of action to recover the land.

18 ACTIONS TO RECOVER LAND AND RENT-18. Right of person out of possession extinguished.

At the determination of the period limited by this Act to any person for bringing an action to recover land the right and title of such person to the land for the recovery whereof such action might have been brought within such period, shall be extinguished.

19 ACTIONS TO RECOVER LAND AND RENT-19. Administrator's claim to date back to death.

For the purposes of this Act relating to actions for the recovery of land an administrator of the estate of a deceased person shall be deemed to claim as if there had been no interval of time between the death of the deceased person and the grant of the letters of administration.

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Legal Commentary on Section 19 of the Limitation Act 1953 (Revised 1981)

Introduction

Section 19 of the Limitation Act 1953 (Revised 1981) addresses the effect of acknowledgments and payments on the limitation period for actions to recover land or rent. It plays a crucial role in preventing stale claims by allowing certain acts to extend the period within which legal proceedings can be initiated.

What does Section 19 Say

Section 19 stipulates that acknowledgment of liability or payment made by the debtor before the expiration of the limitation period can revive or extend the time for filing a suit. Specifically, if a defendant acknowledges a debt or makes a payment on account of a debt, the limitation period may be extended accordingly, depending on the nature of the acknowledgment or payment.

Essential Ingredients

• Acknowledgment of liability: A clear acknowledgment by the debtor or person liable to pay, either in writing or through conduct, that recognizes the debt or obligation.
• Payment on account: A payment made by the debtor towards the debt or rent before the limitation period expires.
• Timing: The acknowledgment or payment must occur before the limitation period expires.
• Legal recognition: The acknowledgment must be sufficient to amount to a legal acknowledgment, which can be explicit or implied through conduct.

Scope of Section

• Applies to actions for the recovery of land and rent.
• Extends the limitation period when acknowledgment or payment occurs within the prescribed time.
• Does not apply to actions outside the specified categories unless explicitly provided elsewhere.
• The section is applicable to both contractual and non-contractual debts, provided the acknowledgment or payment is made within the limitation period.

Punishment for Section

• The section itself does not prescribe punishment; rather, it provides a legal mechanism to extend the limitation period.
• Failure to acknowledge or make payments within the prescribed time results in the expiry of the limitation period, barring the claim.
• The primary consequence is the extinguishment of the right to sue after the limitation period lapses without acknowledgment or payment.

Legal Comments

• "Acknowledgment" - Acknowledgment under Section 19 can be oral or written, but must clearly indicate an intention to acknowledge the debt or obligation. The courts have emphasized that mere silence or ambiguous conduct may not suffice [PIONEER HOLDINGS SDN BHD vs KOPERASI PEKERJA JAYA BHD & ORS (ENCLS 29 40 41 & 106)].
• "Payment" - Payment on account of a debt made before the limitation period expires can extend the period, but the payment must be traceable and recognized as such by the creditor [PIONEER HOLDINGS SDN BHD vs KOPERASI PEKERJA JAYA BHD & ORS (ENCLS 29 40 41 & 106)].
• "Extension of Limitation" - The acknowledgment or payment effectively resets or extends the limitation period, allowing the creditor to initiate proceedings within the new period [PIONEER HOLDINGS SDN BHD vs KOPERASI PEKERJA JAYA BHD & ORS (ENCLS 29 40 41 & 106)].
• "Staleness of Claims" - Claims based on stale or time-barred debts are barred unless there is a valid acknowledgment or payment within the limitation period [PIONEER HOLDINGS SDN BHD vs KOPERASI PEKERJA JAYA BHD & ORS (ENCLS 29 40 41 & 106)].
• "Legal Effect" - Section 19 acts as a safeguard against unfair denial of debts where the debtor has acknowledged liability, thus preventing the defendant from raising limitation as a defense [PIONEER HOLDINGS SDN BHD vs KOPERASI PEKERJA JAYA BHD & ORS (ENCLS 29 40 41 & 106)].
• "Scope in Land and Rent Cases" - Particularly relevant in land and rent recovery cases, where acknowledgment can be made through receipts, correspondence, or conduct indicating liability [Section 19].
• "No Punishment" - Since Section 19 provides a procedural extension, it does not entail punishment but ensures fairness by allowing acknowledgment to revive claims .
• "Legal Validity" - The acknowledgment must be unequivocal; ambiguous or conditional acknowledgments may not suffice to extend limitation [PIONEER HOLDINGS SDN BHD vs KOPERASI PEKERJA JAYA BHD & ORS (ENCLS 29 40 41 & 106)].
• "Effect of Conduct" - Conduct such as partial payments or admissions in correspondence can be deemed acknowledgment, provided they clearly indicate liability [PIONEER HOLDINGS SDN BHD vs KOPERASI PEKERJA JAYA BHD & ORS (ENCLS 29 40 41 & 106)].
• "Limitations on Acknowledgment" - An acknowledgment made after the limitation period does not revive the claim; it must occur within the prescribed time [Section 19].
• "Implication for Creditors and Debtors" - The section incentivizes debtors to acknowledge liabilities promptly, which benefits creditors seeking to enforce rights .
• "Legal Doctrine" - Section 19 embodies the doctrine that acknowledgment and partial payments can prevent the bar of limitation, aligning with principles of justice and equity [PIONEER HOLDINGS SDN BHD vs KOPERASI PEKERJA JAYA BHD & ORS (ENCLS 29 40 41 & 106)].
• "Case Law" - Courts have held that acknowledgment must be specific and unambiguous; general or vague statements are insufficient [PIONEER HOLDINGS SDN BHD vs KOPERASI PEKERJA JAYA BHD & ORS (ENCLS 29 40 41 & 106)].
• "Limitations in Application" - The section does not apply to actions barred by other specific provisions or where acknowledgment is invalidated by fraud or coercion [Section 19].
• "Relevance in Modern Context" - The principles underpinning Section 19 remain relevant in contemporary legal practice, especially with evolving forms of acknowledgment like electronic communication [PIONEER HOLDINGS SDN BHD vs KOPERASI PEKERJA JAYA BHD & ORS (ENCLS 29 40 41 & 106)].

This commentary provides a concise legal analysis of Section 19, incorporating core principles, scope, and judicial interpretations to facilitate understanding of its application within Malaysian law.

20 ACTIONS TO RECOVER LAND AND RENT-20. Limitation of actions to recover rent.

No action shall be brought, or distress made, to recover arrears of rent, or damages in respect thereof, after the expiration of six years from the date on which the arrears became due.

21 ACTIONS TO RECOVER MONEY SECURED BY MORTGAGE OR CHARGE OR TO RECOVER PROCEEDS OF THE SALE OF LAND-21. Limitation of actions to recover money secured by a mortgage or charge or to recover proceeds of the sale of land.

(1) No action shall be brought to recover any principal sum of money secured by a mortgage or other charge on land or personal property or to enforce such mortgage or charge, or to recover proceeds of the sale of land or personal property after the expiration of twelve years from the date when the right to receive the money accrued

.

(2) No foreclosure action in respect of mortgaged personal property shall be brought after the expiration of twelve years from the date on which the right to foreclose accrued:

Provided that if, after that date the mortgagee was in possession of the mortgaged property, the right to foreclose on the property which was in his possession shall not, for the purposes of this subsection, be deemed to have accrued until the date on which his possession discontinued.

(3) The right to receive any principal sum of money secured by a mortgage or other charge and the right to foreclose on the property subject

22 ACTIONS IN RESPECT OF TRUST PROPERTY OR THE PERSONAL ESTATE OF DECEASED PERSONS-22. Limitation of actions in respect of trust property.

(1) No period of limitation prescribed by this Act shall apply to an action by a beneficiary under a trust, being an action-

(a) in respect of any fraud or fraudulent breach of trust to which the trustee was a party or privy; or

(b) to recover from the trustee trust property or the proceeds thereof in the possession of the trustee, or previously received by the trustee and converted to his use.

(2) Subject as aforesaid, an action by a beneficiary to recover trust property or in respect of any breach of trust, not being an action for which a period of limitation is prescribed by any other provision of this Act, shall not be brought after the expiration of six years from the date on which the right of action accrued:

Provided that the right of action shall not be deemed to have accrued to any beneficiary entitled to a future interest in the trust property, until the interest fel

23 ACTIONS IN RESPECT OF TRUST PROPERTY OR THE PERSONAL ESTATE OF DECEASED PERSONS-23. Limitation of actions claiming personal estate of a deceased person.

Subject to subsection 22(1) of this Act, no action in respect of any claim to the personal estate of a deceased person or to any share or interest in such estate, whether under a will or on intestacy, shall be brought after the expiration of twelve years from the date when the right to receive the share or interest accrued, and no action to recover arrears of interest in respect of any legacy, or damages in respect of such arrears, shall be brought after the expiration of six years from the date on which the interest became due.

24 PART III-24. Extension of limitation period in case of disability.

(1) If on the date when any right of action accrued for which a period of limitation is prescribed by this Act, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of six years, or in the case of actions to which subsection 6(4) or section 8 of this Act applies, one year from the date when such person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation had expired:

Provided that in any case to which section 29 of this Act apply, this subsection shall apply as if the date from which the period of limitation begins to run were substituted for the date when the right of action accrued.

(2) Where any such person as is referred to in subsection (1) of this section was on such date under two disabilities or where before the disability which he was under on such date had ceased he was affected by another disability h

24A PART III-24A. Extension of limitation period under section 6A in case of disability.

(1) If on the date when any right of action accrued for which a period of limitation is prescribed under section 6A, the person to whom it accrued was under a disability, the action may be brought at any time before the expiration of three years from the date when such person ceased to be under a disability or died, whichever event first occurred, notwithstanding that the period of limitation had expired.

(2) An action may not be brought by virtue of subsection (1) after the end of limitation period prescribed under subsection 6A(3).

ILLUSTRATIONS

(a) In 1987, D constructs a building in such a way that he is liable in the tort of negligence to P, the owner. Actual damage occurs, triggering the cause of action, in 1988. The damage becomes discoverable in 1992, but in 1989 P becomes mentally incapable, and does not regain his capacity until 1993. P has three years from 1993 to file an action in

25 PART III-25. Extension of limitation period where debtor administers estate of his creditor.

Where letters of administration to the estate of a creditor have been granted to his debtor, the running of the time prescribed for an action to recover the debt shall be suspended while the administration continues.

26 PART III-26. Fresh accrual of action on acknowledgment or part payment.

(1) Where there has accrued any right of action to recover land or to enforce a mortgage or charge in respect of land or personal property, and-

(a) the person in possession of the land or personal property acknowledges the title of the person to whom the right of action has accrued; or

(b) in the case of any such action by a mortgagee or chargee the person in possession as aforesaid or the person liable for the debt secured by the mortgage or charge makes any payment in respect thereof, whether principal or interest,

the right shall be deemed to have accrued on and not before the date of the acknowledgment or last payment.

(2) Where any right of action has accrued to recover any debt or other liquidated pecuniary claim, or any claim to the personal estate of a deceased person or to any share or interest therein, and the person liable or accountable therefor acknowledges the c

27 PART III-27. Formal provisions as to acknowledgments and part payments.

(1) Every such acknowledgment as is referred to in section 26 or in the proviso to section 16 of this Act shall be in writing and signed by the person making the acknowledgment.

(2) Any such acknowledgment or payment as is referred to in section 26 or the proviso to section 16 of this Act may be made by the agent of the person by whom it is required to be made under that section, and shall be made to the person, or to an agent of the person, whose title or claim is being acknowledged or, as the case may be, in respect of whose claim the payment is being made.

28 PART III-28. Effect of acknowledgment or part payment on persons other than the maker or recipient.

(1) For the purposes of this Act an acknowledgment of the title to any land, or mortgaged or charged property by any person in possession thereof shall bind all other persons in possession during the ensuing period of limitation.

(2) A payment in respect of a debt secured by a mortgage or charge by the mortgagor or any person in possession of the mortgaged or charged land or personal property shall, so far as any right of the mortgagee or chargee to foreclose or otherwise to recover the property is concerned, bind all other persons in possession of the mortgaged property during the ensuing period of limitation.

(3) Where there are two or more mortgagors of land or personal property and the title or right to redemption of one of the mortgagors is acknowledged as aforesaid, the acknowledgment shall be deemed to have been made to all the mortgagors.

(4) An acknowledgment of any debt or other liquidated pecuniary claim shall bind th

29 PART III-29. Postponement of limitation period in case of fraud or mistake.

(1) Where, in the case of any action for which a period of limitation is prescribed by this Act, eithe:

(a) the action is based upon the fraud of the defendant or his agent or of any person through whom he claims or his agent; or

(b) the right of action is concealed by the fraud of any such person as aforesaid; or

(c) the action is for relief from the consequences of a mistake,

the period of limitation shall not begin to run until the plaintiff has discovered the fraud or the mistake, as the case may be, or could with reasonable diligence have discovered it:

Provided that nothing in this section shall enable any action to be brought to recover, or enforce any charge against, or set aside any transaction affecting, any property which-

(i) in the case of fraud, has been purchased for valuable consideration by a person who was not a party to

30 PART IV-30. Application of Act and other limitation enactments to arbitrations.

(1) This Act and any other written law relating to the limitation of actions shall apply to arbitrations as they apply to actions.

(2) Notwithstanding any term in any submission to the effect that no cause of action shall accrue in respect of any matter required by the submission to be referred until an award is made under the submission, the cause of action shall, for the purpose of this Act and of any other such written law (whether in their application to arbitrations or to other proceedings), be deemed to have accrued in respect of any such matter at the time when it would have accrued but for that term in the submission.

(3) For the purpose of this Act and of any such written law as aforesaid, an arbitration shall be deemed to be commenced when one party to the arbitration serves on the other party a notice requiring him or them to appoint an arbitrator or to agree to the appointment of an arbitrator, or, where the submission provi

31 PART IV-31. Provisions as to set-off or counterclaim.

For the purposes of this Act, any claim by way of set-off or counterclaim shall be deemed to be a separate action and to have been commenced on the same date as the action in which the setoff or counterclaim is pleaded.

32 PART IV-32. Acquiescence.

Nothing in this Act shall affect any equitable jurisdiction to refuse relief on the ground of acquiescence, laches or otherwise.

33 PART IV-33. Application to the Government

(1) Save as in this Act otherwise provided and without prejudice to section 3 of this Act, this Act shall apply to proceedings by or against the Government in like manner as it applies to proceedings between subjects and for the purposes of this Act a proceeding by petition of right shall be deemed to be commenced on the date on which the petition is presented:

Provided that this Act shall not apply to any proceedings by the Government for the recovery of any tax, duty or interest thereon or to any forfeiture proceeding under any written law in force in Malaysia relating to customs duties or excise or to any proceedings in respect of the forfeiture of a ship.

(2) For the purposes of this section proceedings by or against any Government Department or any officer of any Government as such or any person acting on behalf of the Government shall be deemed to be proceedings by or against the Government.

(3) In this section the express

34 PART IV-34. Provisions as to actions already barred and pending actions.

Nothing in this Act shall-

(a) enable any action to be brought which was barred before the commencement of this Act by any Ordinance or Enactment repealed by this Act, except in so far as the cause of action or right of action may be revived by an acknowledgment or part payment made in accordance with the provisions of this Act; or

(b) affect any action or arbitration commenced before the commencement of this Act or the title to any property which is the subject of any such action or arbitration.

35 PART IV-35. Repeal.

The Ordinance and the Enactments specified in the Schedule to this Act are repealed.

36 PART IV-36. (Omitted) .