Application for relief under section 47 when to be made

The application for relief under section 47 shall be made within the following periods, that is to say,

1. (1) in the cases mentioned in clause (c)(5), within 1[six months]1 of the date of the instrument;
2. (2) in the case of a stamped paper on which no instrument has been executed by any of the parties thereto, within 1[one year]1 after the stamp has been spoiled;
3. (3) in the case of a stamped paper in which an instrument has been executed by any of the parties thereto, within 1[one year]1 after the date of the instrument or, if it is not dated, within 1[one year]1 after execution thereof by the person by whom it was first or alone executed;
   • (a) when the spoiled instrument has been for sufficient reasons sent out of the 1[State of Karnataka]1 the application may be made within 2[one year]2 after it has been received back in the 1[State of Karnataka]1; 1. Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973.
   • (b) when, from unavoidable circumstances, any instrument for which another instrument has been substituted, cannot be given up to be cancelled within the aforesaid period, the application may be made within 1[one year]1 after the date of execution of the substituted instrument.

¹ Substituted by Act 6 of 1999 w.e.f. 1.4.1999.

¹ Substituted by Act 6 of 1999 w.e.f. 1.4.1999.

¹ Substituted by Act 6 of 1999 w.e.f. 1.4.1999. Provided that,—

² Substituted by Act 6 of 1999 w.e.f. 1.4.1999.

¹ Substituted by Act 6 of 1999 w.e.f. 1.4.1999.