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A.N.GROVER, J.C.SHAH, K.S.HEGDE
D. P. Mishra – Appellant
Versus
Kamal Narayan Sharma – Respondent
The limitation period under the Limitation Act, 1963, for suits based on fraud or mistake commences from the date of the plaintiff's knowledge of such fraud or mistake, as provided under Section 17(1). This "date of knowledge" is determined objectively, when facts constituting the fraud or mistake come to the plaintiff's notice, either actually or constructively. (!) (!) (!)
Where the right to sue accrues upon knowledge of certain facts (e.g., under Article 113 for residual suits), the period runs from the date the plaintiff has notice of the cause of action. (!) (!)
Acknowledgment of liability under Section 18 extends or restarts the limitation period from the date of such acknowledgment, provided it is in writing and signed. (!) (!)
Judgment
SHAH, J.: At an election held in June 1963 for electing a member from the Kasdol Constituency in the State of Madhya Pradesh, D. P. Mishra who stood as a candidate on the Congress ticket was declared elected. The rival candidate Kamal Narayan Sharma filed a petition for setting aside the election of Mishra on the ground that the latter was guilty of corrupt practices in that he offered to bribe Sharma, by offering through his agent Dr. Ausaf Hussain to pay him a sum of Rupees 50,000/- as inducement for withdrawing from the contest and thereby committed a corrupt practice defined in S. 123 (1) of the Representation of the People Act, 1951; that Mishra published on April 12, 1963, April 26, 1963 and May 4, 1963 in a Hindi newspaper Mahakoshal edited, published and printed by Shyamacharan Shukla (who was engaged as an authorised agent by Mishra to conduct election campaign on his behalf) statements of facts which were false and which they believed to be false or did not believe to be true, in relation to personal character and conduct of Sharma and in relation to his candidature, such statements being reasonably calculated to prejudice the prospects of Sharma s electio
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