158Limitation of actions

158 Limitation of actions

(1)  An action under section 152 or section 153 shall be deemed to be an action referred to in section 4 (1) (d) of the Limitation Act 1974 .

(2)  [Section 158 Subsection (2) amended by No. 23 of 2021, s. 133, Applied:01 Jan 2022] [Section 158 Subsection (2) amended by No. 36 of 2012, s. 53, Applied:13 Nov 2012] The plaintiff in an action referred to in subsection (1) , at whatever time it may be brought, or the plaintiff in an action for the recovery of land, shall be non-suited in any case in which the deprivation complained of may have been occasioned through the bringing of land under this Act or the making of a vesting order under section 138D or section 138X , if it appears to the court before which the action is tried that the plaintiff, or the person through whom the plaintiff claims title, had notice or was aware that application had been made to bring the land under this Act or for a vesting order under section 138D or section 138X , and had, wilfully or collusively, omitted to lodge a caveat forbidding it, or had allowed that caveat to lapse.