388 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES
has now been altered. It can, therefore, be said that as a rule the Law of Limitation applies to all persons whether they are private persons or corporate bodies of Governments, and that the plea of limitation is available to every Defendant as against every Plaintiff whether that Plaintiff is a private person or a Government.
- The plea of limitation is available to every Defendant. To this rule there are certain exceptions.
37 Bom.—S.R. 471
Section 10.
I. The defence of limitation is not available to a person in whom property has become vested in trust for any specific purpose nor is it available to his legal representatives or assigns (not being assigns for valuable consideration), in a suit for recovery of the property or the proceeds thereof or for an account of such property. This section is to be applied to an express trust as distinguished from an implied or constructive trust. A trustee of an implied or constructive trust can take the defence of limitation.
Distinction between an Express Trust and Implied or Constructive Trusts.
Persons, therefore, who are holding a fiduciary position are not trustees within the meaning of Section 10 ; E.g. Agent, Manager, Factor, Benamidar, Executor or Administrator, Banker, Surviving partner, Director of a Company Liquidator of a Company, Karta or Manager of a joint Hindu family.
Secondly Section 10 is applicable only in cases of persons “in whom property has become vested* in trust for a specific purpose” 44 Mad. 277(281-2).
What is Specific Purpose ? A specific purpose is a purpose that is actually and specifically defined in the document by
- What is meant by vested ? The following suits are excluded —
(1) Suits seeking to make the trustee liable for what he might have received.
(2) Suits to enforce Plaintiffs’ personal right to manage trust properties.
(3) Where there is an invalid trust, a suit to recover the property from the trustees in the enforcement of a resulting trust— 20 Bom, 511.
(4) Suits for compensation for breach of trust— 581. A. 279 (297).