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Report No. 3

Section 18

48. We think that this section should be recast so as to include actions based on fraud and also for relief founded on mistake. In this respect, section 26 of the English Act is more suitable and that section may be adopted with suitable alterations. The existing provision relating to concealment of documents should be retained and the protection in favour of bona fide purchasers for valuable considerations should also be extended to those cases.

49. As we are recommending the incorporation of section 48 C.P.C. in this Act the principle contained in the proviso to that section in regard to the power of courts to'order execution after the period of limitation will have to be preserved. We however consider that the benefit of this provision should be available only if the application is filed within one year from the date of discovery of the fraud.

Limitation Act, 1908 Back

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