Chapter VI MISCELLANEOUS

Term within which suit to be instituted.-A suit of the description mentioned in section 3 clause

1. (a) may be instituted within six years from the date of the last transaction between the parties or persons claiming through them or from the date of the last balance struck between the parties or such persons, whichever is the later date.

Bar of application of Order 21, rule 2

1. (3) of the Code.-Sub-rule
2. (3) of rule 2, of Order 21 of the Code of Civil Procedure shall not apply to payments out of Court made in any proceeding under this Act in any case where an acknowledgment by the judgment-creditor for the same is produced, or when the payment is either admitted by him or proved.

The Civil Courts Act and Civil Procedure Code to apply to proceedings under this Act.-Except in so far as these are inconsistent with this Act, the provisions of the Code of Civil Procedure and the Jammu and Kashmir State Civil Courts Act, 1977, shall apply in all suits and proceedings before the Court under this Act.

Bar of application of the Small Cause Court Act and the Usurious Loans Act Bar of application of the Small Cause Court Act and the Usurious Loans Act.-The provisions of the Jammu and Kashmir State Small Cause Court Act, 1968, and Usurious Loans Act, 1977, shall not apply to the proceedings of the Court under this Act.

Court-fee on plaints under section 3, clause (a).-The plaint in a suit under clause

1. (a) of section 3 shall state the amount at which the relief sought in it is valued by the plaintiff and, subject to a minimum court-fees of five rupees, shall be liable to the fee payable therefor under the Court Fees Act, 1977.

Power to make rules.-The High Court with the sanction of the Government may from time to time, make all such rules as it may deem necessary for carrying out the provisions herein contained.

Rule to be published.-All rules made under this Act shall be published in the Jammu and Kashmir Government Gazette, and shall thereupon, in so far as they are consistent with this Act, have the force of law.