AIR 1963 GUJARAT 185

Gujarat High Court

Hon'ble Judge(s): V. B. Raju , J

Limitation Act (9 of 1908) , S.29, S.19, S.3— Applicability - Transaction in Kutch State before enforcement of Kutch Application of Laws Order - Limitation Act as amended by Kutch Application of Laws Order - Special right to file suit within three years from 31-07-1949 created - Subsequent repeal by Act 59 of 1949 - Effect - Such right saved u/S.6(c) General Clauses Act - Period of limitation governed by S.29 Limitation Act - Transaction entered in 1948 - Suit filed in 1955 barred. Prior to enactment of the Merged States (Laws) Act 59 of 1949 the law of limitation that was in force in the Kutch State was the Indian Limitation Act together with Sudhara or amendment contained in the Kutch Application of Laws Order, 1949 which had introduced it and the two together constituted the "corresponding law" within the meaning of S. 5 of Act 59 of 1949 and what was repealed thereby was the Indian Limitation Act along with the amendment introduced by the Kutch Aplication of Laws Order.(Para 3) Although the Limitation Act does not create any rights but merely bars certain remedies the amendment introduced in Kutch state by the Kutch Application of Laws Order, 1949 created a special light with effect from 31-7-49 the date of its commencement and was saved by S. 6(c) of the General Clauses Act. The effect of this saving was merely that a suit....