AIR 1959 RAJASTHAN 262 ::1959 RajLW 639 ::ILR (1958) 8 Raj 1011

Rajasthan High Court

Hon'ble Judge(s): K. L. Bapna, J. S. Ranawat , JJ

Limitation Act (9 of 1908) , Preamble, Art.182— Alwar Regulation (1934) , S.2— Retrospective operation - Interpretation - Cause of action prior to Regulation - Application for execution of decree pending at the time Regulation came into force and disposed of more than 3 years after Regulation was in force - Fresh application for execution - Limitation is governed by Art.182, Indian Limitation Act, 1908. Alwar Regulation (1934) , S.2— Limitation is a rule of law for restricting rights, and a reasonable period is usually allowed to people whose rights are disturbed as a result of the enforcing of the new period of limitation, although they may have remedy open to them under the old-law. That means, that the benefit can be exercised only once, so that after they have tried to enforce their right on one occasion, they are brought in line with others for all their subsequent remedies, which they may like to pursue. The interpretation of S. 2 of the Alwar Regulation (No. IV) would, therefore, be that where the period of limitation prescribed in the old law is longer than the @page-Raj263 period prescribed by the Indian Limitation Act and the period of limitation has begun to run in respect of any suit, appeal or application, which the litigant may have the right to prosecute he can institute the suit or make the appeal ....