Act Number: 5

Act Name: The Code of Civil Procedure, 1908

Year: 1908

Enactment Date: 1908-03-21

Long Title: An Act to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature.

Ministry: Ministry of Law and Justice

Department: Legislative Department

Section 48: [Repealed.].
[Execution barred in certain cases.] Rep. by the Limitation Act, 1963 (36 of 1963), s. 28 (w.e.f.1-1- 1964).
                                            STATE AMENDMENT.
Rajasthan.
Insertion of new section 48 A.- After section 48 of the Code of Civil Procedure, 1908 (Central Act V of 1908), in its application thereof to the State of Rajasthan, the following new section shall be, and be deemed always to have been inserted, namely:--
48-A- Varied application of section 48.- For the purposes of the application of section 48 to the State of Rajasthan;-
(i) a decree, made before the twenty-fifth day of January, 1950, in those parts of Rajasthan where a corresponding provision did not then exist, shall, unless it shall have become time-barred or otherwise infructuous before the said day in accordance with any law then prevailing in those parts, be deemed to have been made on the said day, and
(ii) Where a decree might have been made before the twenty-fifth day of January, 1950 in those parts of Rajasthan where a corresponding provision then existed, with a period longer than twelve years provided therein such longer period or the period of twelve years form the said day whichever expires first shall be the period after which, according to section 48, no order for execution shall be made.
[Vide Rajasthan Act XX of 1952, s. 2].
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