Supreme Court Of India
SYNDICATE BANK
Versus
PRABHA D. NAIK
Decided On : (November 2, 2000)
Limitation Act, 1963, Section 1(2) - Portuguese Civil Code, Article 535 - Applicability of the Indian Limitation Act to the State of Goa - Observations made by a Bench of two Judges in the case (1979) 3 SCC 47 which was explained by a Division Bench of the Bombay High Court in AIR 1984 Bombay 258 holding that if the cause of action arose under the Indian law then provisions of Article 535 with regard to limitation would not be applicable- In the circumstances of the case matter referred to Larger Bench. [Paras 1 and 2]
( 1 ) THE question involved in these appeals concerns interpretation of article 535 of the Portuguese Civil Code and the applicability of the provisions of the Indian Limitation Act to the State of Goa. There are observations made by a Bench of two Judges of this Court in the case of justiniano Augusto De Piedada Barreto v. Antonio Vicente Da Fonseca which have been referred to and explained by a Division Bench of the bombay High Court in the case of Cadar Constructions v. Tara Tiles according to which, if the cause of action has arisen under the Indian law then provisions of Article 535 of the Portuguese Civil Code with regard to limitation would not be applicable.
( 2 ) IN our opinion, it will be appropriate, considering the importance of the point involved, that these appeals be heard by a larger Bench.
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