1971 (1) TMI 125

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....r and S.K. Brahmanandan JUDGMENT P. Unnikrishna Kurup, J. 1. The 13th defendant in O. S. No. 1 of 1115 on the file of the District Court, Quilon, is the appellant in this second appeal. The question that arises for consideration in this second appeal turns on an interpretation of section 30(b) of the Limitation Act, 1963(Act 36 of 1963), herein-after referred to as the new Act. The decree holde....

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.... purchased in execution of a decree was reduced to one year from the date of confirmation of the sale. In terms of this provision in the new Act, the execution petition for delivery was barred by limitation. But section 30 (b) of the new Act provided that: Any appeal or application for which the period of limitation is shorter than the period of limitation prescribed by the Indian Limitation Act....

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....fore follow that the application may be preferred within a period of 90 days next after the day on which the Act came into force. The day next after the date on which the Act came into force is 2-1-1964. 2. In sub-section (1) of section 12 it is provided that: In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be ex....