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

Ravi's lawyer argues that the Limitation Act, 1963 bars enforcement of a promise to pay a time-barred debt that Ravi made in writing, signed, and based on past consideration of the debt. Which provision is relevant to resisting that argument?

Section 29(1) is relevant. It says nothing in the Limitation Act, 1963 affects section 25 of the Indian Contract Act, 1872, so the Limitation Act does not override that Contract Act provision on such agreements.

  1. ASection 29(1), which says nothing in the Act affects section 25 of the Indian Contract Act, 1872Correct
  2. BSection 29(3), which excludes marriage law
  3. CSection 30(b), which gives ninety days for applications
  4. DSection 23, which governs compensation for acts needing special damage

Explanation

Section 29(1) provides that nothing in the Limitation Act affects section 25 of the Indian Contract Act, 1872, which deals with agreements made without consideration. The saving therefore protects the Contract Act rule. Section 29(3) concerns marriage and divorce laws, and section 30(b) is a transitional rule about the earlier 1908 Act.

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