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1954 Supreme(Raj) 266

WANCHOO, DAVE, MODI
Jethmal – Appellant
Versus
Ambsingh – Respondent


Advocates Appeared:
B.N. Chanda, for Appellants; Sohan Nath, for Respondent; R.D. Gattani and Hastimal, amicus curae

Per Modi, J.—Although a law of limitation is primarily a law relating to procedure and as such comes into effect right from the moment it has been enacted and governs all proceedings instituted thereafter and has thus retrospective operation, there is ample authority in favour of the principle that whether or not a saving provision exist,* where a subsequent law curtails the period of limitation previously allowed, and such law comes into force atonce, it should not be allowed to have retrospective effect, which it would otherwise have, so as to destroy pre-existing vested rights of suits, because the giving of such retrospective effect amounts to not merely a change in procedure but a forfeiture of the very right to which the procedure relates. (Paras 20 & 8)

(Wanchoo C. J. and Dave J. not expressing any view on the wider application of this principle, that is, where a law does not provide a saving clause, whether this principle can still be applied.) (Para 30)

Where the language of the law of limitation is not precise and of doubtful import, such law may be construed equitably or reasonably, that is, such construction thereof may be adopted which favour the right to sue rather than











































































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