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Section 78 – The Provincial Insolvency Act,1920

The Provincial Insolvency Act,1920

Section 78. Limitation

(1) The provisions of 1[Section 5 and 12 of the Indian Limitation Act,1908 (9 of 1908)], shall apply to appeals and applications under this Act, and for the purpose of the said Section 12, a decision under Section 4 shall be deemed to be a decree.

(2) Where an order of adjudication has been annulled under this Act, in computing the period of limitation prescribed for any suit or application for the execution of a decree or other than a suit or application–in respect of which the leave of the Court was obtained under sub-section (2) of section 28 which might have been brought or made but for the making o” an order of adjudication under this Act, the Period front e date of the order of adjudication to the date of order of annulment it shall be excluded:

Provided that nothing in this section shall apply to a suit or application in respect of a debt provable but not proved under this Act

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1. Now see the Limitation Act,1963.

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The Provincial Insolvency Act,1920

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