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pratik (self working)     15 July 2010

13. Limitation Act

Whether order of consumer forum is a "Decree" and the forum is a" Civil court" (for the purposes of Art. 136 of schedule of limitation Act )? i think answer is negative. pls advide me

or

If we say (we exclude the above bracket) then also we can say it is a "Decree" and the forum is a" Civil court"

Also any case laws.

The execution petition valid for how many years. any section says.

Section 13 of the limitation act, 1963

13. Exclusion of time in cases where leave to sue or appeal as a pauper is applied for - In computing the period of limitation prescribed for any suit or appeal in any case where an application for leave to sue or appeal as a pauper has been made and rejected, the time during which the applicant has been prosecuting in good faith his application for such leave shall be excluded, and the court may, on payment of the court-fees prescribed for such suit or appeal, treat the suit or appeal as having the same force and effect as if the court-fees had been paid in the first instance.

what do u mean by pauper ?

2)Before an MACT Tribunal in any cases, the final award is passed throught an ORDER and not a decree. which section says that it is a order & not a decree.

3)I have heard that the order passed by any tribunal is order or final award & NOT A DECREE SO as per which section or case laws it says that the order passed by any tribunal is order or final award & NOT A DECREE ?

Also Which book Should be perfer for more detail study of limitaion act, specifice relief act & indian succession act, 1925 which gives more & more more more more more more detail of the act with the case laws. pls suggest me.


Thanks in advance.



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 1 Replies

vijay khanna (Sr. Manager)     08 October 2010

Some borrowers of KCC and of other loan accounts are not acknowledging the debt due to loan waiver, 2008. Is it necessary to get the debt acknowledged with in three years of advancement of loan where agriculture land has been mortgaged. What is the remedy? Is Limitation in these cases available for twelve years. Please reply.


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