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Report No. 3

2. Definitions.-

In this Act, unless there is anything repugnant in the subject or context,-

(1) "applicant" includes-

(a) a petitioner,

(b) any person from or through whom an applicant or petitioner derives his right to apply, and

(c) any person whose estate is represented by the applicant or petitioner as executor, administrator or other representative.

(2) "application" includes a petition;

(3) "contract" shall have the same meaning as in the Indian Contract Act (IX of 1872) and includes an obligation imposed by law to restore or to make restitution of any benefit derived by a person, on the basis of unjust enrichment;

(4) "defendant" includes-

(a) any person from or through whom a defendant derives his liability to be sued, and

(b) any person whose estate is represented by the defendant as executor, administrator or other representative.

(5) "foreign country" means any country other than India, but includes also the State of Jammu and Kashmir;

(6) '"good faith"; nothing shall be deemed to be done in good faith which is not done with due care and attention;

(7) "India" means the territory of India excluding the State of Jammu & Kashmir;

(8) "Prescribed period" means the period of limitation prescribed for any suit, appeal or application, as the case may be, and computed in accordance with the provisions of this Act;

(9) "plaintiff" includes-

(a) any person from or through whom a plaintiff derives his right to sue, and

(b) any person whose estate is represented by the plaintiff as executor, administrator or other representative.

(10) "suit" does not include an appeal or an application;

(11) "tort" includes all civil wrongs independent of contract; and

(12) "trustee" does not include a benamidar, a mortgagee remaining in possession after the mortgage has been satisfied, or a person in wrongful possession without title.



Limitation Act, 1908 Back




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