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Report No. 89

II Applications

5.4. Applications.- Regarding the applicability of section 5 to applications, the law as revised in 1963 is wide enough. The Law Commission had in its report,1 on the Act of 1908, recommended that a uniform rule should be adopted, applying section 5 to all applications, except those under Order 21 of the Code of Civil Procedure, 1908. This change has been carried out, and no further change appeared to be needed in this regard. There appears to be justification for excluding applications under Order 21 (applications for execution) from the scope of the section, since the period available is long enough (12 years)2.

1. Law Commission of India, 3rd Report (Limitation Act, 1908), para. 26.

2. Article 136.



The Limitation Act, 1963 Back




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