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Report No. 139

2.6. Reasons for amendment.-

The provision contained in Article 127, The Limitation Act, 1963 was amended by the Legislature by enlarging the time for making of a deposit on the part of the judgment-debtor (for setting aside a sale in the execution of a decree) in view of the experience that the pre-amendment period of 30 days was considered to be insufficient to enable the judgment-debtor. to arrange for the requisite funds having regard to the fact that banks usually take more than 30 days to sanction loans and advances. This is evident from the1 Objects and Reasons clause of the relevant Bill, reproduced below;-

"Clause 102. (Amendment of the Schedule to the Limitation Act, 1963).-An application to set aside a sale in execution of a decree on deposit under rule 89 of Order XXI is required to be made within thirty days from the date of the sale. Experience shows that this period is too short and often causes hardship because the judgment-debtors usually fail to arrange for moneys within that time. Banks usually take more than thirty days to sanction loans and advances. In the circumstances, Entry 127 of the Schedule to Limitation Act is being amended to increase the period of limitation to sixty days in respect of an application to set aside a sale in execution of a decree."

(Emphasis supplied)

1. Clause 102 of Notes on Clauses, Bill No. 27 of 1974, the Code of Civil Procedure (Amendment) Bill, 1974, published in the Gazette of India (Extraordinary), dated April 8, 1974 in Part II, section 2.



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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