Preamble of the Limitation Act, 1963

The preamble to the Limitation Act, 1963 says,

WHEREAS it is expedient to consolidate and amend the laws relating to the procedure of the Courts of Civil Judicature; it is hereby enacted as follows:-


COMMENTS

The preamble is the key to the statute and affords a clue to the scope of the statute where the words construed are in themselves without the aid of the preamble capable of more than, one meaning.

The preamble to the Indian Limitation Act states that the Indian Limitation Act is a consolidating Act dealing with “the law of limitation of suits, appeals and certain applications to courts.”

# Limitation Act, 1963

The new Limitation Act (XXXVI of 1963) is, as its preamble indicates, “an Act to consolidate and amend the law for the limitation of suits and other proceedings and for purposes connected therewith.”

The preamble of the old Indian Limitation Act (IX of 1908) was

“An Act to consolidate and amend the law for the limitation of suits, and for other purposes.”

The first important charge is, therefore, indicated by the preamble itself, namely, that the new Act applies to “other proceedings and for purposes connected therewith.”

Previously it applied to “limitation of suits, and for other purpose.”

It is clear, therefore, that proceeding other than suits and purposes connected therewith are now covered by the law of limitation.

Another important change to be noticed is that in the preamble of the old Act were the words, “limitation of suits, appeals and certain applications to Courts.”

Thus the preamble itself limited that Act to certain applications only and those applications also were applications to Courts only. That part of the preamble is now dropped by the new Act. This is the second indication of the intention of the legislature to widen the application of the law of limitation, making it applicable to all applications.

Case Law Reference

  1. P.K. Porwal (By Manager) v. Labour Court, Nagpur, (1968) 70 BOMLR 104 : 1968 (16) FLR 364
  2. Imperial Bucket Co., A Firm v. Sm. Bhagwati Basak, AIR 1954 Cal 520

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