Report No. 150

Chapter 2

Background of this Report

2.1. The Code of Civil Procedure (Act V of 1908) (hereinafter referred to as "the Code") was enacted in 1908. Consequently, where its provisions dealt with certain points of limitation, they referred to the relevant provisions of the Indian Limitation Act, )(V of 1877 (hereinafter referred to as 'the 1877 Act'). However, though the 1877 Act was replaced by the Indian Limitation Act, IX of 1908 (hereinafter referred to as 'the 1908 Act') and then by the Limitation Act, 36 of 1963 (hereinafter referred to as 'the 1963 Act') and the Code was also extensively amended by Act 104 of 1976, references to the Indian Limitation Act, 1877 in the Code have been left untouched.

This per se is not of much consequence-except that the references to a statute long since repealed should have been rectified at least at the time when a spate of amendments to the Code were carried out in 1976-as section 8 of the General Clauses Act provides for such a situation. However, the references to the Indian Limitation Act, 1877 appear only at two places in the Code. It now transpires that these provisions require amendment in the light of later legislation as explained below.

2.2. In another provision in the Code [Order XXI, rule 92(2)1 a time limit was prescribed on the basis of a period of limitation prescribed in the 1877 Act. The Limitation Act, 1963 had amended the latter, but this was not taken note of to make a consequential amendment in the period prescribed in the Code. This created an anomaly and gave a rise to a need for an amendment to rule 92(2) of Order XXI of the Code in the light of a later amendment to the 1963 Act. This was the subject matter of the 140th Report of the Commission.

2.3. The other two anomalies mentioned in para 2.1 earlier, however, survive. The Commission is of opinion that these anomalies should not be allowed to continue and that simultaneously with any action that may be taken with reference to the 139th, 140th and 141st Reports of the Commission, action should be taken to amend these provisions as well. Hence this report.