Bare ActsThe PUDUCHERRY LIMITATION (REPEAL OF LOCAL LAWS) ACT, 1994

Section 5

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Nothing in this Act shall, -- (a) enable any suit, appeal or application to be instituted, preferred or made, for which the period of limitation prescribed by the local laws expired before the commencement of this Act; or (b) after any suit, appeal or application instituted, preferred or made before, and pending at, such commencement. Explanation.- Any suit, appeal or application which has been filed but which has been returned for resubmission after rectification of defects shall not, for the purposes of the foregoing clause, by deemed to be a suit, appeal or as the case may be, application instituted, preferred or made before and pending at the commencement of this Act. ______ 343 STATEMENT OF OBJECTS AND REASONS FOR ACT NO. 15 OF 1994 The Indian Limitation Act, 1963, was enacted by the Parliament and brought into force from 1-1-1964. The Act came into force in this Union territory from the above date itself. In the meantime, even though, many of the substantive civil laws in force in the other parts of the country were extended to the Union territory of Puducherry repealing the corresponding French Law, the provisions relating to limitation in the French Law like French Civil Code, Code Commercial, etc., have not been specifically repealed. In the result, the French Law of Limitation continues to remain in force side by side with the provisions of the Indian Limitation Act. This has created lot of confusion and this has also unduly prolonged extinction of the causes of action arising from time to time. The position has turned to be such that in one or two cases, the High Court has gone to the extent of even declaring that the Indian Limitation Act has not been extended to Puducherry. The ultimate result is that for every cause of action, the period of limitation pleaded is 30 years. In view of this situation, it is proposed to repeal the French Law of Limitation that remain in force as local law, so that our Union territory can fall in line with the rest of the country in matters relating to law of limitation. The Bill seeks to achieve the above objects. _______

Section 5 – The PUDUCHERRY LIMITATION (REPEAL OF LOCAL LAWS) ACT, 1994 | DailyLaw.ai