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purusottam (advocate)     20 April 2010

Section 80 CPC

Dear all,

Is the period given in section 80 CPC is in addition to the period prescribed under Limitation Act?

Pls clarify.



Learning

 1 Replies

AEJAZ AHMED (Legal Consultant/Lawyer)     20 April 2010

Dear Purusottam,

As per me it is " YES"

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The Limitation Act, 1963

 

Section 15(2)

 

In computing the period of limitation for any suit of which notice has been given, or for which the previous consent or sanction of the Government or any other authority is required, in accordance with the requirements of any law for the time being in force, the period of such notice or, as the case may be, the time required for obtaining such consent or sanction shall be excluded.

 

Explanation.- In excluding the time required for obtaining the consent or sanction of the Government or any other authority, the date on which the application was made for obtaining the consent or sanction and the date of receipt of the order of the Government or other authority shall both be counted

 

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As Observed by Patna High Court  in Union Of India (Uoi) vs Tata Engineering & Locomotive Co.

 

Part III of the Limitation Act provides for the computation of the period of limitation.

 

" The words 'shall be excluded' occurring in the said provision are important. Such exclusion of period is to be made from the period of limitation for the purpose of its computation. The period of limitation, as in the instant case, is three years in terms of Article 10 of the Limitation Act. Therefore, it is evident that in computing the period of limitation for a suit, the time required for service of a notice in accordance with the requirement of Section 80 of the C. P. C. is to be excluded. It, therefore, necessarily follows that the period of two months which is required for service of a notice upon the Central Government, shall be added to the period of three years for the purpose of computation of the period for instituting a suit."

 

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kINDLY GO THROUGH THE FOLLOWING JUDGMENTS


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