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Report No. 97

2.2. Section 28, Contract Act.-

Section 28, Indian Contract Act, 1872, in its main paragraph, provides as under:-

"Every agreement by which any party thereto is restricted absolutely from enforcing his rights under or in respect of any contract by the usual legal proceedings in the ordinary tribunals or which limits the time within which he may thus enforce his rights is void to that extent."

(Exceptions to the section, not being material, not quoted). There are two exceptions to the section, which are not material for the present purpose. They deal with agreements to refer disputes to arbitration.



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




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