JUDGMENT

R. M. SAHAI, J. - This appeal by grant of certificate under Article 133(1)(a) of the Constitution of India by the High Court of Gujarat raises substantial question of law about applicability of the period of limitation as provided in Article 36 of the limitation Act, 1908 (Ed. : Now covered by Art. 113 of Limitation Act, 1963) (referred to as the Act) as it stood prior to 1963 to claim of damages founded on negligence. The High Court was of opinion that the controversy whether Article 36 could apply to rule laid down in Rylands v. Fletcher (LR (1868) 3 HL 330 : 37 LJ Ex 161 : [1861-73] All ER Rep 1) raises a question of general importance which required to be authoritatively decided by this Court.

2. The certificate granted by the high Court under Article 133(1)(a) of the Constitution was in following terms :

"The main question involved is that of limitation and whether the rule in Rylands v. Fletcher (LR (1868) 3 HL 330 : 37 LJ Ex 161 : [1861-73] All ER Rep 1), would result in invoking the provisions of Article 36 of the old Limitation Act or whether Article 39 of the Act would be the appropriate Article or whether the residuary Article 121 applies and that is a substanti