Bare ActsThe Gujarat Execution of Decrees (Temporary Postponement) Act, 1959

Section 6

Amendment status not verified — confirm the current text below against the official source.

(1) In computing the period of limitation prescribed by the Indian Limitation Act, 1908 or any other law for the being in force, for- (a) a suit in a Civil Court in any area against any agriculturist for money or for fore-closure or sale in enforcement of a mortgage, referred to in clause (b) of sub-section (2) of section 3, or Instalment decrees . Exemption from arrest Computation of the period of limitation. 1959 : Bom. LXX ] Gujarat Execution of Decrees (Temporary Postponement) Act, 1959 (b) an application in a Civil Court in any area for execution of any decree referred to in sub-section (1), of section 3 or an application in a Civil Court in any area for making final any preliminary decree for fore-closure or sale referred to in that sub-section, the period during which this Part remains in force in that area shall be excluded, and a further period not exceeding thirty days shall be added so as to make up, the deficit, if any, prior to the expiry of one month from the date of withdrawal of this Part under sub-section (4) of section 1 from that area. (2) In computing the period of twelve years prescribed in section 48 of the Code of Civil Procedure, 1908 for an application in a Civil Court for execution of any decree referred to in sub-section (1) of section 3 the period during which this part remains in force in that area shall be excluded. (3) In computing the aforesaid period of twelve years, the period during which proceedings were stayed under the Madhya Pradesh Temporary Postponement of Execution of Decrees Act, 1956, shall, notwithstanding the expiry of that Act by efflux of time, also be excluded as if that Act had not expired.

Section 6 – The Gujarat Execution of Decrees (Temporary Postponement) Act, 1959 | DailyLaw.ai