Indian Limitation and Code of Civil Procedure (Amendment) Act, 19201
| [Act No. 26 of 1920] | [2nd September, 1920] |
| [Repealed by Act 1 of 1938, S. 2 and Schedule] | [2nd September, 1920] |
Passed by the Indian Legislative Council.
An Act further to amend the Indian Limitation Act, 1908, and the Code of Civil Procedure, 1908.
Whereas it is expedient further to amend the Indian Limitation Act, 1908 (9 of 1908) and the Code of Civil Procedure, 1908 (5 of 1908); It is hereby enacted as follows:-
1 Received the assent of the Governor General on the 2nd September, 1920.
1. Short title and commencement.- (1) This Act may be called the Indian Limitation and Code of Civil Procedure (Amendment) Act, 1920.
(2) It shall come into force on the first day of January, 1921.
2. Amendment of Article 176 to 179 of First Schedule to Act IX, 1908.- In the Third Division of the First Schedule to the Indian Limitation Act, 1908 (IX of 1908), in Articles 176, 177 and 179, for each of the entries in the second column the entry "ninety days" shall be substituted, and in Article 178, for the entry in the second column the entry "six months" shall be substituted.
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Prior to Amendment by Act 11 of 1923, Section 2 read as:
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2. Amendment of Article 176 to 179 of First Schedule to Act IX, 1908.- In the third division of the First Schedule to the Indian Limitation Act, 1908 (IX of 1908), in Articles 170, 178 and 179 for the word "Ditto" in the second column the words "ninety days," "six months" and "ninety days," respectively, shall be substituted.
1 Subs. by Act 11 of 1923, S. 2 and Sch I.
3. Amendment of rule 7(1) of Order XLV of First Schedule to Act V, 1908.- In sub-rule (1) of rule 7 of Order XLV of the First Schedule to the Code of Civil Procedure, 1908 (V of 1908) (hereinafter referred to as the said Code), the following amendments shall be made, namely:-
(i) for the words a "six months" the following words shall be substituted, namely:-
"ninety days or such further period, not exceeding sixty days, as the Court may upon cause shown allow;"
(ii) after the word "security" the words "in cash or in Government securities" shall be inserted;
(iii) at the end of the sub-rule the following proviso shall be added, namely:-
"Provided that the. Court at the time of granting the certificate may, after hearing any opposite party who appears, order on the ground of special hardship that some other form of security may be furnished:
Provided further, that no adjournment shall be granted to an opposite party to contest the nature of such security."
4. Insertion of new rule 9A. in Order XLV of First Schedule to Act V, 1908.- After rule 9 of Order XLV of the First Schedule to the said Code, the following rule shall be inserted namely:-
"9A. Power to dispense with notices in case of deceased parties.- Nothing in these rules requiring any notice to be served on or given to an opposite party or respondent shall be deemed to require any notice to be served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree is complained of or at any proceedings subsequent to the decree of that Court:
Provided that notices under sub-rule (2) of rule 3 and under rule 8 shall be given by affixing the same in some conspicuous place in the Court house of the Judge of the District in which the suit was originally brought, and by publication in such newspapers as the Court may direct."
5. Addition to rule 15 of Order XLV of Act V, 1908.- To rule 15 of Order XLV of the First Schedule to the said Code, the following sub-rule shall be added, namely:-
"(4) Unless His Majesty in Council is pleased otherwise to direct, no order of His Majesty in Council shall be inoperative on the ground that no notice has been served on or given to the legal representative of any deceased opposite party or deceased respondent in a case, where such opposite party or respondent did not appear either at the hearing in the Court whose decree was complained of or at any proceedings subsequent to the decree of that Court, but such order shall have the same force and effect as if it had been made before the death took place."