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Report No. 89

Articles 97 to 112: Suits relating to miscellaneous matters

37. Article 98 (suit by a person against whom an order referred to in Order 21, rule 63, C.P.C. or Order 21, rule 103, C.P.C. or under section 28 of the Presidency Small Cause Courts Act, 1882 has been made, to establish the right which he claims to the property comprised in the order) should, in its first column, be revised so as to apply to a suit by a person against whom an order referred to in Order 21, rule 58(5), C.P.C. has been made or an order under section 28 of the Presidency Small Cause Courts Act, 1882 has been made, to establish the right which he claims to the property comprised in the order, where such a suit is permissible in law.

The amendment has been recommended in the light of the altered scheme of the relevant provisions in Order 21, rules 58 to 63 of the Code of Civil Procedure, 1908 after the amendment of the Code in 1976 (paragraph 39.11).

38. Article 99 (suit to set aside a sale by a civil or revenue court or a sale for arrears of Government revenue or for any demand recoverable as such arrears) should, in its first column, be revised so as to describe the suit as a suit to set asi.-

(a) a sale by a civil or revenue court, including a sale of the coparcenary property of a Hindu undivided family governed by the Mitakshara law in execution of a decree obtained against the father, or

(b) a sale for arrears of Government revenue or any demand recoverable as such arrears (paragraph 39.18).

39. Article 100 (suit to alter or set aside any decision or order of a civil court in any proceeding other than a suit for any act or order of an officer of Government In his official capacity) prescribes a time limit of one year, to be computed from the date of the final decision or order by the court or the date of the act or order of the officer, as the case may be. The third column should be revised, so as to substitute the following as the starting poin.-

"The date of communication of the final decision or order by the court, or the date of communication of the act or order of the officer or, where there has been no such communication, the date on which the plaintiff first had knowledge of the act or order of the officer, as the case may be" (paragraph 39.23).

40. Article 102 (suit for property which the plaintiff had conveyed while insane) should be revised by increasing the present period of three years to six years (paragraph 39.30).

41. Article 110 (suit by a person excluded from a joint family property to enforce a right to share therein) should be in the first column verbally amended by describing the suit as one by a person, "totally and absolutely excluded" from a joint family property, to enforce a right to share therein (paragraph 39.46).

Article 113: Suits for which there is no prescribed period

42. No change is recommended in Article 113 (the residuary article relating to suits) (Chapter 40).



The Limitation Act, 1963 Back




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