THE LAW OF LIMITATION 389
which the trust is created for a purpose which from the specified terms can be certainly affirmed.
49 I. A. 37 (43)
58 I. A. 1
That being so even a trustee de son tort would fall within this Section.
Meaning of a trustee de son tort.
Explanation. —Hindu, Mohammedan and Charitable endowments are declared to be express trusts and their managers express trustees.
Thirdly.— Section 10 not only applies to the defaulting trustee himself, but also applies to his legal representatives and assigns except assigns for valuable consideration. Purchasers for value from a defaulting trustee are protected and they can plead limitation.
Whether purchasers from a trustee must in addition to being purchasers for value should also be purchasers without notice of trust is a point on which the Act is silent. Judicial decisions on this point are, however, in conflict.
Section 29 (3) II. The Limitation Act does not apply to parties litigating under the Indian Divorce Act (IV of 1869).
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As against a Special Law
Besides this General Law of Limitation there are other special or local laws which also prescribe time-limits for suits, appeals or applications. In case there is a difference between the time-limits fixed by the general and special law, question is which law is to prevail.
The answer to this question is given in Section 29. According to the Section the special law will prevail over the general law.
Section 29 also provides for the applicability and nonapplicability of the other Sections of the Limitation Act in cases of conflict between the general and special law as to time-limit.
According to Section 29, in cases of conflict the provisions of Sections 4, 9 to 18 and 22 of the Limitation Act will apply