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Report No. 139

2.5. Article 127, the Limitation Act, 1963.-

It will be noticed that whereas the period for making the deposit under Order XXI, rule 92(2), C.P.C. is thirty days, the period of limitation for making the application to set aside an execution sale (which application has to be accompanied by the deposit in court of the requisite amount) is 60 days, by virtue of Article 127 of the Limitation Act, 1963 (as amended in 1976). Article 127 of the Limitation Act, 1963 (as amended in 1976) reads as under:-

Description of application

Period of limitation

Time from which period beings to period begins to run

"127. To set aside a sale in sale in execution of a decree, including any such application by a judgment-debtor

Sixty days

The date of the sale"

Be it realised that prior to 1976, the period mentioned in Article 127, The Limitation Act, 1963 was 30 days but it was enlarged to 60 days in 1976 by virtue of an amendment in the pre-existing law in the circumstances mentioned hereinafter.

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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