The Indian Limitation Act 1908, 9 of 1908 (Rep., Act 36 of 1963)

Section 31. Provision for suits by certain mortgagees in territories mentioned in the second schedule

Repealed or not in force · As amended up to 2026-08

32. Repeals. THE FIRST SCHEDULE 31. Provision for suits by certain mortgagees in territories mentioned in the second schedule. 32. Repeals. THE FIRST SCHEDULE.—LIMITATION THE SECOND SCHEDULE.—TERRITORIES REFERRED TO IN SECTION 31. 31. (1) Notwithstanding anything contained in this Act or in the Indian Limitation Act, 1877, in the territories mentioned in the second schedule a suit for foreclosure or a suit for sale by a mortgagee may be instituted within two years from the date of the passing of this Act, or within sixty years from the date when the money secured by the mortgage became due, whichever period expires first; and no such suit in the said territories instituted within the said period of sixty years and pending at the date of the passing of this Act, either in a Court of first instance or of appeal, shall be dismissed on the ground that a twelve years' rule of limitation is applicable. (2) Where in the aforesaid territories the claim of a mortgagee for foreclosure or for sale has been wholly or in part dismissed or withdrawn after the twenty-second day of July 1907 and before the passing of this Act, either in a Court of first instance or of appeal on the ground that a twelve years' rule of limitation applied to such claim, the case may be restored on an application in writing to the Court by which 418 Limitation. [ACT IX (Part V.—Savings and Repeals.) which the claim was dismissed or in which it was withdrawn, provided the application is made within six months from the date of the passing of this Act: and on such restoration, the provisions of sub-section (1) shall apply. Repeals. 32. The enactments mentioned in the third schedule are repealed to the extent specified in the fourth column thereof.

Source: India Code