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Report No. 89

Chapter 29

Sections 29 To 32: Savings, Transitional Provisions and Repeal

I Introductory

29.1. Section.-General Scheme.- It remains now to consider (so far as the body of the Act is concerned), the provisions of the Act in the nature of savings, transitional provisions and repeal. Of these, the most important is section 29, consisting of four sub-sections. Sub-section (1) provides that nothing in this Act shall affect section 25 of the Indian Contract Act, 1872.

It may be recalled that by virtue of section 25(3) of the Contract Act, a time barred debt may, by means of a fresh promise satisfying the formalities required by that section, be revived even though there is no consideration for the promise. It should, however, be noted that a right other than a right to debt does not fall within the purview of that section of the Contract Act. Thus, a right to property or to a legacy or to damages does not fall within it.

Section 29(2) of the Limitation Act deals with those special or local laws which prescribe a period of limitation for any suit, appeal or application. The sub¬section, consists of two parts. According to the first half, where a special or local law prescribes a period different from that prescribed in the Limitation Act, then section 3 of the Limitation Act will apply as if that period had been set out in the Schedule to the Limitation Act.

In other words, the suit, appeal or application to which the special or local law applies must, under section 3, be dismissed if it is instituted or made after the expiry of that particular period. The second half of section 29(2) provides that the provisions contained in sections 4 to 24 apply only in so far as, and to the extent to which, they are not expressly, excluded by such special or local law. Although apparently simple, sub-section (2) has given rise to a number of questions of interpretation and application, some of which will be referred to in due course.1

Sub-section (3) of section 29 reads as under:

"(3) Save as otherwise provided in any law for the time being in force with respect to marriage and divorce, nothing in this Act shall apply to any suit or other proceeding under any such law."

This sub-section has also created certain problems in regard to suits for dower, which will be mentioned in due course.

Finally, sub-section (4) of section 29 provides that in the provisions of the Act relating to easements do not apply to cases arising in the territories to which the Indian Easements Act, 1882, for the time being extends.

1. Para. 29.2, et seq, infra.



The Limitation Act, 1963 Back




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