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2009 Supreme(SC) 623

ARIJIT PASAYAT, HARJIT SINGH BEDI, ASOK KUMAR GANGULY
Ahmmadsahab Abdul Milla (dead) By proposed Lrs. – Appellant
Versus
Bibijan – Respondent


Advocates appeared:
For the Appellant :Rajesh Mahale, Advocate.
For the Respondent:Mohan V. Katarki, Ashok Kumar Sharma, Advocates.

JUDGMENT

Dr. Arijit Pasayat, J. —

1. A reference was made to a three-Judge Bench, by reference order dated 21st April, 2008. The relevant question is whether the use of the expression “date” used in Article 54 of the Schedule to Limitation Act, 1963 (in short the ‘Act’) is suggestive of a specific date in the calendar. In S. Brahmanand v. K.R. Muthugopal1 (2005 (12) SCC 764) a Bench of this Court did not go into this issue. It decided the appeal on the factual scenario applicable. It was however noticed that several High Courts have dealt with the matter differently. In all these cases, for example in Kashi Prasad v. Chhabi Lal2 (AIR 1933 All 412), Alopi Parshad v. Court of Wards3 (AIR 1938 Lah 23), Lala Ram Sarup v. Court of Wards4 (AIR 1940 PC 19), Kruitiventi Mallikharjuna Rao v. Vemuri Pardhasaradhirao5 (AIR 1944 Mad 218), R. Muniswami Goundar v. B.M. Shamanna Gouda6 (AIR 1950 Mad 820), Hutchegowda v. H.M. Basaviah7 (AIR 1954 Mys 29), Purshottam Sava v. Kunverji Devji8 (AIR 1954 Sau 104), Lakshminarayana Reddiar v. Singaravelu Naicker9 (AIR 1963 Mad 24), Shrikrishna Keshav Kulkarni v. Balaji Ganesh Kulkarni10 (AIR 1976 Bom 342), P. Sivan Muthiah v. John Sathiavasagam11 (1990 (1
















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