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Report No. 139

4.3. Hardship and urgency.-

Besides this, innocent judgment-debtors have to suffer injustice, owing to the fact that because of the inconsistency, the period for depositing remains unaltered and the intendment of the Legislature to enable them to obtain the loans so as to make it possible for them to deposit the requisite amount in Court to save the property from being lost to them remains thwarted. And those who have moulded their action on an interpretation of the law which received the imprimatur of the Supreme Court in Basavantappa's case in 1986 will suffer enormous loss now as the said decision has been reversed recently in P.K. Unni's case in 1990.

There is, thus obvious urgency to salvage the situation before the pending matters are decided and their fate is sealed against them, notwithstanding the Legislative intendment to come to their rescue, reflected as early as in the 1976 amendment of Article 127 of the Limitation Act.

Urgent need to amend Order XXI, Rule 92(2) of the Code of Civil Procedure to remove an anomaly which nullifies the Benevolent Intention of the Legislature and Occasions Injustice to Judgment Back

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