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Report No. 248

59. Indian Independence Pakistan Courts (Pending Proceedings) Act, Act 9 of 1952.

Category: Administration of Justice

Recommendation: Repeal

This Act was enacted to render ineffective certain decrees and orders which were passed by courts in Pakistan, and to provide an alternative remedy to persons who had secured such decrees or orders. Hence, the Act catered to a temporary situation that existed subsequent to the partition of India. This Act was considered but not recommended for repeal by the 96th Law Commission Report, 1984.

The Report said that even though it may appear that the need for the Act does not exist anymore, 'it is not possible to say with absolute certainty that no such suit as is governed by the Act can be filed at the present day.' However, another thirty years have passed since the 96th Law Commission Report arrived at this conclusion.

Further, the limitation clause in the Act specifies that no suits may be instituted under this Act after one year from the date of enactment or the date of decree, whichever is later. Thus, any new proceedings are clearly barred by limitation, and any pending proceedings may be saved by a suitable savings clause.



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