REPEALING (PUNJAB LOANS LIMITATION) ACT, 1923

Act No. 3 of 1923

18th May, 1923

An Act to repeal the Punjab Loans Limitation Act, 1904. Whereas it is expedient to repeal the Punjab Loans Limitation Act, 1904, it is hereby enacted as follows :-

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S.1 Short title, extent and commencement

(1) This Act may be called the Repealing (Punjab Loans Limitation) Act. 1923.

(2) It extends to 1[Punjab].

(3) It shall come into force on such 2date as the 3[State] Government may, by notification, appoint in this behalf.

1. Substituted for the words "Fast Punjab" Adaptation of Laws Order. 1950.

2. The Act came into force on the 15th June. 1923. vide Notification No. 16613. dated 1.6.1923.

3. Substituted for the word "Provincial" by the Adaptation of Laws Order. 1950.

S.2 Repealing of the Punjab "Loans Limitation Act, 1904

The Punjab Loans Limitation Act. 1904. is hereby repealed.

S.3 Revival of the Indian Limitation Act, 1908

Save as provided under sections 4 and 5 from the date of the commencement of this Act. any suit falling under the description of suits given in Schedule to the Punjab Loans Limitation Act, 1904 shall be governed, in so far as the point of limitation is concerned, by the provisions of the Indian Limitation Act, 1908. and the provisions of the Indian Limitation Act, 1908, shall apply accordingly.

S.4 Saving of limitation as regards pending suits

Notwithstanding anything herein contained, no suit, appeal or other proceeding in any court at the date of the commencement of this Act, shall be dismissed on the ground that it is barred by limitation, provided that it would not. have been so dismissed if the Punjab Loans Limitation Act, 1904. had been in force.

S.5 Saving of limitation as regards existing cause of action

No suit instituted within two years of the date of the 1[commencement] of this Act, which would not have been barred by limitation if the Punjab Loans Limitation Act. 1904, had been in force, shall be held to be barred by limitation by reason of this Act only.

1. Substituted for word "passing" by Repeating (Punjab Loans Limitation) Amendment Act. 1925. (Punjab Act VII of 1925).