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Report No. 38

145. Limitation-starting point.-

In its comment on our draft Report, a State Government had state1 as follows:-

'The starting point of limitation might be fixed at the date on which the article mentioned was posted, as under the English Act, thus taking away from the plaintiff the advantage of the period between that date and the date when the loss or injury occurred or when the article ought to have been delivered and, at the same time, the period of limitation might be enlarged to two years. This would also remove the uncertainty about the starting point which, under the existing law, is vague and indeterminate. This Government suggests the above proposal for consideration. This Government thinks that instead of "for losing or injuring a postal article", it will be better to say "loss of or injury to a postal article".

Our view is, that no change in the draft is needed regarding the period, or regarding the starting point or the wording, as the proposed articles follow the wording of the existing articles regarding carriers. (The English provision which the comment has in mind is discussed elsewhere)2.

1. S. No. 170 (A State Government).

2. Para. 146, infra.

Indian Post Office Act, 1898 Back

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