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Report No. 3

Section 4

25. The Privy Council in Maqbul Ahmad v. Pratap Narayan, 57 All 242 settled the law that section 4 does not extend the period of limitation but saves limitation if the suit or appeal or application is filed on the day of the reopening of the court in cases where the limitation expired on a day when the court was closed. The section does not, therefore, require any further change.

Section 5

26. We are of opinion that instead of leaving it to the different States or the High Courts to extend the application of section 5 to applications other than those enumerated in the section, a uniform rule should be adopted applying it to all applications except those arising under order XXI of the Code of Civil Procedure relating to execution. In the case of special or local laws, it would be open to such laws to provide that section 5 will not be applicable.



Limitation Act, 1908 Back




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