48. 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)in the cases mentioned in clause (c)(5), within [six months] [Substituted by Act 6 of 1999 w.e.f. 1.4.1999] of the date of the instrument;(2)in the case of a stamped paper on which no instrument has been executed by any of the parties thereto, within [one year] [Substituted by Act 6 of 1999 w.e.f. 1.4.1999] after the stamp has been spoiled;(3)in the case of a stamped paper in which an instrument has been executed by any of the parties thereto, within [one year] [Substituted by Act 6 of 1999 w.e.f. 1.4.1999] after the date of the instrument or, if it is not dated, within [one year] [Substituted by Act 6 of 1999 w.e.f. 1.4.1999] after execution thereof by the person by whom it was first or alone executed;Provided that,-(a)when the spoiled instrument has been for sufficient reasons sent out of the [State of Karnataka] [Adapted by the Karnataka Adaptations of Laws Order, 1973 w.e.f. 1.11.1973] the application may be made within [one year] [Substituted by Act 6 of 1999 w.e.f. 1.4.1999] after it has been received back in the [State of Karnataka] [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 [one year] [Substituted by Act 6 of 1999 w.e.f. 1.4.1999] after the date of execution of the substituted instrument.
