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CS Executive · Jurisprudence, Interpretation and General Laws · Law relating to Limitation

A special law fixes a limitation period for applications under it and expressly states that section 5 of the Limitation Act shall not apply. Which statement is correct under section 29(2) of the Limitation Act, 1963?

Section 5 stays excluded, but the other provisions in sections 4 to 24 still apply to the extent they are not expressly excluded by the special law. The exclusion must be express, and it operates only to the extent of what the special law excludes.

  1. ASections 4 to 24 apply to that special law in all cases regardless of its terms
  2. BSection 5 is excluded, while the other sections 4 to 24 apply so far as they are not expressly excludedCorrect
  3. CAll of sections 4 to 24 are excluded because one section was excluded
  4. DOnly section 12 applies, as it deals with computation of time

Explanation

Sections 4 to 24 apply to a special or local law only so far as, and to the extent to which, they are not expressly excluded by it. Only section 5 is expressly excluded here, so the remaining sections in that range still apply. The third option wrongly treats exclusion of one section as exclusion of all.

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