Rajadurai v. Emerson – sllr 1995 volume 2 page 030

Brief
In the case of Rajadurai (plaintiff-respondent) v. Emerson (defendant-petitioner), the court addressed whether the ten-year limitation period under section 337(1) of the Civil Procedure Code applies retroactively to decrees entered prior to the 1980 amendment. The findings established that amendments to section 337(1) do not apply retrospectively to decrees for immovable property made before the amendment. Established Supreme Court precedents regarding the application and interpretation of statutory limitation periods were reaffirmed. The interpretation anchored on the principle that vested rights under previous law are preserved unless explicitly taken away by new legislative provisions. The petitioner’s application for revision of the District Court’s order was rejected, and costs