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2001 Supreme(SC) 563

B.N.KIRPAL, BRIJESH KUMAR, UMESH C.BANERJEE
Syndicate Bank – Appellant
Versus
Prabha D. Naik – Respondent


JUDGMENT

Banerjee, J.-The applicability of the provisions of Indian Limitation Act vis-a-vis the interpretation of Article 535 of the Portuguese Civil Code, said to be the governing law of Limitation in the State of Goa, Daman & Diu, is the focal point for consideration in this appeal. Needless to record that Section 29(2) of the Limitation Act, 1963 contains the provisions for savings of the Limitation Act which expressly provides that the provisions contained in Sections 4 to 24 (both inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by special or local law. In interpreting the said provision under Section 29(2) and the Portuguese Civil Code pertaining to the question of limitation as being a local law within the meaning of Section 29(2), this Court in the case of Justiniano Augusto De Piedade Barreto v. Antonio Vicente Da Fonseca and Others1 came to a conclusion that the body of the provisions in the Portuguese Civil Code dealing with the subject of limitation of suits etc. and in force in the Union Territory of Goa, Daman and Diu only, is the local law within the meaning of Section 29(2) of the Limitation Act, 1963. This Court




































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