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The Limitation Act, 1963: page 11
The Limitation Act, 1963, India Code delivered snapshot f04b51220f8f7ec9, physical page 11, typed edition 1dfeee3418fb3c6c2705c1f8efa27e957b9cd3bd696b85a8698dbfdedaa18092. Unreviewed extraction.
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(b) any appeal or application for which the period of limitation is shorter than the period of
limitation prescribed by the Indian Limitation Act, 1908 (9 of 1908), may be preferred or made within
a period of ninety days next after the commencement of this Act or within the period prescribed for
such appeal or application by the Indian Limitation Act, 1908, whichever period expires earlier.
STATE AMENDMENT
Jammu and Kashmir and Ladakh (UTs).—
Insertion of Section 30A .— After section 30, insert the following section, namely: —
“30A. Provision for suits, etc., for which the prescribed period is shorter than the period
prescribed by the Limitation Act, samvat 1995.—Notwithstanding anything contained in this
Act,—
(a) Any suit for which the period of limitation is shorter than the period of limitation prescribed
by the Limitation Act, Samvat 1995, may be instituted within a period of one year next after
the commencement of the Jammu and Kashmir Reorganisation Act, 2019 or within the period
prescribed for such suit by the Limitation Act, Samvat 1995, whichever period expires
earlier:
Provided that if in respect of any such suit, the said period of one year expires earlier than
period of limitation prescribed therefor under the Limitation Act, Samvat 1995 (now
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repealed) and the said period of one year together with so much of the period of limitation in
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respect of such suit under the said Act, as has already expired before the commencement of
the Jammu and Kashmir Reorganisation Act, 2019 is shorter than the period prescribed for
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such suit under the Limitation Act, 1963, then, the suit may be instituted within the period of
limitation prescribed therefor under the Limitation Act, 1963;
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(b) Any appeal or application for which the period of limitation is shorter than the period of
limitation prescribed by the Limitation Act, Samvat 1995, may be preferred or made within a
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period of ninety days next after the commencement of the Jammu and Kashmir
Reorganisation Act, 2019 or within the period prescribed for such appeal or application by
the Limitation Act, Samvat 1995, whichever period expires earlier.”
[Vide the Jammu and Kashmir Reorganization (Adaptation of Central Laws) Order, 2020, vide
notification No. S.O. 1123(E) dated (18-3-2020) and Vide Union Territory of Ladakh Reorganisation
(Adaptation of Central Laws) Order, 2020, notification No. S.O. 3774(E), dated (23-10-2020).]
31. Provisions as to barred or pending suits, etc.—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 Indian Limitation Act, 1908 (9 of 1908), expired before the
commencement of this Act; or
(b) affect any suit, appeal or application instituted, preferred or made before, and pending at, such
commencement.
32. [Repeal.]—Rep. by Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule
(w.e.f. 20-12-1974).
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