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5[11. Modification of law of limitation where Indian soldier or his legal representative is a party.-

In computing the period of limitation prescribed by sub-section (2) of section 10 of this Act, the Indian Limitation Act, 1908 (9 of 1908) or any other law for the time being in force, for any suit, appeal or application to a court, any party to which is or has been an Indian soldier, or is the legal representative of an Indian soldier, the period during which the soldier has been serving under any special conditions, and, if the soldier has died while so serving, the period from the date of his death to the date on which official intimation thereof was sent to his next-of-kin by the authorities in India, shall be excluded: Provided that this section shall not apply in the case of any suit, appeal or application instituted or made with the object of enforcing a right of pre-emption 6[ 7[except where the said right accrues in such circumstances, and is in respect of agricultural land and village immovable property situated in any such area] as the Central Government may, by notification in the official Gazette, specify in this behalf].

1. Subs. by Ordinance 64 of 1942, s. 4, for "section 6".

2. Certain words omitted by s. 5, ibid.

3. Ins. by s. 5, ibid.

4. Subs. by s. 5, ibid., for sub-section (2).

5. Subs. by s. 6, for s. 11.

6. Added by Ordinance 14 of 1944, s. 2.

7. Subs. by Act 18 of 1946, s. 2, for certain words.

Indian Soldiers (Litigation) Act, 1925 Back

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