Monday, 13 August 2012

THE INDIAN INDEPENDENCE PAKISTAN COURTS (PENDING PROCEEDINGS) ACT,1952



Act : THE INDIAN INDEPENDENCE PAKISTAN COURTS (PENDING PROCEEDINGS)
ACT,1952.ACT NO. 9 OF 1952 1*

[23rd February, 1952.]


An Act to render ineffective certain decrees and orders passed by
Courts in Pakistan against a Government in India and to provide an alternative remedy to persons who have secured such decrees or orders.

[23rd February, 1952.]

BE it enacted by Parliament as follows:-


1.Short title.


1. Short title. This Act may be called the Indian Independence
Pakistan Courts (Pending Proceedings) Act, 1952.2.Definition.


2. Definition. In this Act, the expression "decree to which this
Act applies" means any such judgment, decree or order as is referred to in-

(i) clause (3) of article 4 of the Indian Independence
(Legal Proceedings) Order, 1947, or

(ii) paragraph (5) or paragraph (6) of article 13 of the
High Courts (Bengal) Order, 1947, or

(iii) paragraph (4) or paragraph (6) 2*[of article 13] of the High Courts (Punjab) Order, 1947,

which has been or may hereafter be passed by a Court in Pakistan and which imposes any liability or obligation on a Government in India.


3.Certain Pakistan decrees not to be given effect to in India.


3. Certain Pakistan decrees not to be given effect to in India.
Notwithstanding anything contained in any of the Orders referred to in section 2, no decree to which this Act applies shall be given effect to by any Court or authority in India in so far as such decree imposes any liability or obligation on any Government in India.


4.Right of holder of a decree to which this Act applies to institutefresh proceedings in India.


4. Right of holder of a decree to which this Act applies to institute fresh proceedings in India. Notwithstanding anything contained in section 3 of the Indian Limitation Act, 1908 (9 of 1908), any person in whose favour a decree to which this Act applies has been passed may, within one year from the commencement of this Act, or within one year from the date of the decree, whichever is later, institute a fresh suit or other legal proceeding in respect of the cause of action on which such decree was based, and any such suit or other legal proceeding may,
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1 This Act has been extended to and brought into force in Dadar and
Nagar Haveli (w.e.f. 1-7-1965) by Reg. 6 of 1963, s. 3 and Sch.
I.
2 Ins. by Act 48 of 1952, s. 3 and Sch. II.

568.notwithstanding anything contained in section 20 of the Code of Civil
Procedure, 1908 (5 of 1908.), or in any other law or in any agreement to the contrary relating to the place of suing, be instituted in any
Court otherwise competent to try it, within the local limits of whose jurisdiction the person instituting it voluntarily resides or carries on business or personally works for gain.


5.[Repealed.]


5. [Repeal of Ordinance 6 of 1951.] Rep. by the Repealing and
Amending Act, 1957 (36 of 1957), s. 2 and Sch. I.

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