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Report No. 97

4.7. Provisions concerned with legal proceedings other than suits.-

Finally, it may be mentioned that the Government of Punjab (Legal and Legislative Affairs Department), while expressing agreement with the need for invalidating contractual clauses which extinguish a (substantive) right on the failure of a party to institute a "suit" has further suggested1 that the same should be the position where there is failure to institute a legal proceeding other than a suit. We have found the suggestion acceptable and have incorporated it in the amendment recommended by us2 in section 28.

1. Law Commission File No. F.2(10)/83-L.C., Serial No. 11.

2. Para. 5.3, infra, section 28(c) as recommended.



Section 28 of the Indian Contract Act, 1872 - Prescriptive Clauses in Contracts Back




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