Limitation Act • Official Statutory Text & Practice Guide
Statutory Regulation
Legal Standard
Competent Court / Tribunal
Act 1963
Section 32 of Limitation Act: Repealed
Official Bare Act Text
Override / Mandate Mens Rea (Intent) Actus Reus (Conduct) Punishment Limitation Monetary
[Repealed by the Repealing and Amending Act, 1974 (56 of 1974), s. 2 and the First Schedule.]
Legal Commentary & Landmark Judgments: Section 32
Section 32 of the Limitation Act, 1963 was a formal repeal section that repealed the Indian Limitation Act, 1908, and was subsequently repealed by the Repealing and Amending Act, 1974.
Formal Repealing Section: Contained the formal declaration repealing the Indian Limitation Act, 1908 (9 of 1908).
Repeal by Act 56 of 1974: Repealed by Section 2 and First Schedule of the Repealing and Amending Act, 1974 once the transition was completed.
No Revivor Rule: Under Section 6A of the General Clauses Act, 1897, the repeal of Section 32 does not revive the Indian Limitation Act, 1908.
Single Consolidated Code: Leaves the Limitation Act, 1963 as the sole, self-contained statutory enactment governing civil limitation in India.
Key Landmark Precedents:
Hari Ram v. State of Rajasthan, (2009) 13 SCC 211: Discussed the doctrine of repeal and saving under the General Clauses Act, confirming that the repeal of an obsolete repealing clause leaves the current statutory code intact.
State of Punjab v. Sarwan Singh, (1981) 3 SCC 34: Affirmed that the 1963 Act operates as a complete and exclusive statutory code.
Courtroom Practice & Strategic Litigation Guidance:
In legal research, references to the 'Indian Limitation Act' must always cite the 1963 Act; the 1908 statute is completely extinct and cannot be invoked for causes of action arising after 1st January 1964.
Legal Commentary & Landmark Judgments: Section 32
Section 32 of the Limitation Act, 1963 was a formal repeal section that repealed the Indian Limitation Act, 1908, and was subsequently repealed by the Repealing and Amending Act, 1974.
In legal research, references to the 'Indian Limitation Act' must always cite the 1963 Act; the 1908 statute is completely extinct and cannot be invoked for causes of action arising after 1st January 1964.