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Report No. 3

146. Article 5.-

(Article 4 has been deleted by section 3 of the Amending Act XX of 1937). Article 5 provides a period of one year for what are sometimes called "under chapter suits". In Bombay, this Article was repealed by the Indian Limitation (Amendment) Act (XXX of 1925) and Article MA was inserted, providing a period of three years so far as that State is concerned. To make the law uniform in all the States we suggest that the period may be left to be governed by the appropriate Article for ordinary suits. The Civil Justice Committee recommended such a course as far back as 1925. There is no reason for penalising a person who wants to take advantage of the summary procedure by cutting down the ordinary period of limitation to which he would otherwise be entitled. This Article may, therefore, be deleted.

Limitation Act, 1908 Back

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