Khosla, J. - (1.) The only question for my decision in this appeal is whether the appellant's application under Section 10, Displaced Persons (Debt Adjustment) Act, 70 of 1951, was barred by time.
(2.) The appellant's claim was based on a promissory note executed at Rawalpindi on 16-9-1946. The limitation for bringing a suit on the basis of the promissory- note therefore expired on 15-9-49. The appellant, however, claimed the benefit of S. 36{a) of the Act which is in the following terms: "36. Extension of period of limitation. Notwithstanding anything contained in the Indian Limitation Act, 1908 (9 of 1908) or in any special or local law or in any agreement, (a) any suit or other legal proceeding in respect whereof the period of limitation was extended by Section 8, Displaced Persons (Institution of Suits) Act, 1948 (47 of 1948), and * * * * (2) Section 8 of the previous Act to which reference has been made was amended by Act 68 of 1950. The amended section reads as follows: "8. Extension of period of limitation--Notwithstanding anything contained in Section 3, Indian Limitation Act, 1908 (9 of 1908) or in any special or local law, any suit or other legal proceeding by a displaced person- (a) where such suit or other legal proceeding is instituted in pursuance of Section 4 and the period of limitation expires or has expired on or after the 14th day of August, 1947, or (b) where such suit or other legal proceeding is instituted otherwise than in pursuance of Section. 4 in respect of a cause of action which arises or has arisen in a place now situate within the territories of Pakistan and the period of limitation expires after the commencement of the Displaced Persons (Institution of Suits' and Legal Proceedings) Amendment Act, 1950, may be instituted at any time before the date of expiry of this Act."
(3.) Section 4 of the Act to which reference has been made is in the following terms: "4. Institution of suits by displaced persons--Notwithstanding anything contained in Section 20, Code of Civil Procedure, 1908 (5 of 1908), or in any other law relating to the local limits of the jurisdiction of Courts or in any agreement to the contrary, a displaced person may institute a suit in a Court within the local limits of whose jurisdiction he or the defendant or any of the defendants, where there are more than one at the time of the commencement of the suit, actually and voluntarily resides, or carries on business, or personally works for gain, if (i) the defendant, or where there are more than one, each of the defendants, actually and voluntarily resides or carries on business, or personally works for gain in India and is not a displaced person; (ii) the cause of action, wholly or in part, arises or has arisen in a place now situate within the territories of Pakistan; (iii) the Court in which the suit is instituted is otherwise competent to try it; and (iv) the suit does not relate to immovable property.";