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Report No. 100

4.4. Recommendation.-

On an examination of the subject in the context of working of the courts and quick disposal of cases, we have considered it proper to go into this aspect more specifically. Our recommendation is that no special treatment should be accorded to the Government in the matter of the period of limitation and that Article 112 of the Limitation Act, 1963 should be deleted so as to abolish the special treatment afforded to Government and to remove the distinction at present made in regard to suits by the Government and suits by other persons and entities.

In our opinion, a long period of limitation available to the Government is, in many cases, likely to induce an attitude of indifference and apathy. In the mind of the private person, the apprehension that the claim of the Government against him can be litigated in the civil court after a long period has elapsed, is productive of a sense of insecurity and anxiety. This state of affairs is out of harmony with the concept of a Government committed to the welfare of the people.

Litigation by and against the Government - Some Recommendations for Reform Back

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