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Report No. 3

Section 15

44. Sub-section (2) of section 15 provides for the exclusion of periods of statutory notices, such as those under section 80 of C.P.C. In this connection we may refer to the provisions of section 86 and 87 of the same Code requiring that in respect of suits against foreign rulers, ambassadors and envoys, the consent of the Central Government should be obtained before filing the suit. Generally, it takes a long time for such consent to be given and the principle behind the existing provision for exclusion of the period of notice under section 80 C.P.C., should logically apply to such cases also. We recommend that the time requisite for obtaining such orders should be excluded.

45. It is common knowledge that by the time a receiver or liquidator is appointed in insolvency or liquidation proceedings and the receiver or liquidator after getting information about the assets and liabilities of the State settles down to the task of realising the assets of the State, claims in favour of such State or company get barred to the detriment of the persons entitled to the benefit of the assets. To avoid this hardship, we think it just that in respect of suits on behalf of an insolvent or a company in liquidation the period between the date of the filing of the petition for adjudication or winding up and the appointment of the receiver or liquidator, and a period of three months thereafter (to enable him to acquaint himself with the affairs of the State) should be excluded in computing the period of limitation for suits by or on behalf of an insolvent's State or the company. The benefit of this provision should also ensure to any interim receiver or provisional liquidator.

Limitation Act, 1908 Back

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