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Report No. 3

Section 17

47. Section 17 is confined to rights of action accruing after death. There is no reason to restrict the section in this manner. The Privy Council observed in Meyyappa v. Subramanya, 20 CWN 833 (PC) that when the cause of action arises in favour of the deceased person after his death time will at once begin to run. Some courts have applied the section to cases where the right accrues on death, as in the case of partnerships. Section 17 should be made applicable to rights of action accruing on death or thereafter.



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