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Report No. 3

15. Effect of death on or before the accrual of right to sue.-

(1) Where a person, who would, if he were living, have a right to institute a suit or make an application, dies, before the right accrues, or where such right accrues on his death, the period of limitation shall be computed from the time when there is a legal 'representative of the deceased capable of instituting or making such suit or application.

(2) Where a person against whom, if he were living, right to institute a suit or make an application would have accrued dies before the right accrues or where such right accrues on his death the period of limitation shall be computed from the time when there is a legal representative of the deceased against whom the plaintiff may institute or make such suit or application.

(3) Nothing in sub-sections (1) and (2) applies to suits to enforce rights of pre-emption or to suits for the possession of immovable property or of a hereditary office.

(Section 17)



Limitation Act, 1908 Back




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