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Report No. 3

Section 29

58. Section 29(1) provides that section 25 of the Contract Act which permits a barred debt to be regarded as valid consideration for a contract, is not affected by the Limitation Act. This may be retained.

59. The combined operation of sub-clauses (a) and (b) of sub-section (2) is that so far as special and local laws are concerned, only sections 4, 9 to 18 and 22 of the Act apply and that too subject to such modifications as may be prescribed. We consider that there is no need for this restriction and that the principles contained in sections 4 to 25 should be made applicable to all special and local laws, leaving it open to the legislature to exclude the application of any or all of these sections, in any given case.

60. Sub-section (3) makes this Act inapplicable to suits under the Divorce Act, 1869. There are other Acts like the Parsi Marriage and Divorce Act and the Special Marriage Act, dealing with marriage and divorce. The reasons for excluding proceedings under the Divorce Act 1869 are equally applicable to proceedings under these other Acts. We recommend that the sub-section may be amplified to include all Acts relating to matrimonial causes. The Acts to be included may be specified when drafting the amendment to the section.

61. Sub-section (4) of this section would become unnecessary and may be deleted if, as we recommend, sections 26 and 27 are repealed.

Limitation Act, 1908 Back

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