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Supreme Court of India
ASHOK BHAN & S.H. KAPADIA
Chiranjilal (Dead) By Lrs.
Versus
Hari Das (Dead) By Lrs.
C.A.No.3745 of 2002
Decided on: 05-10-2004
Limitation Act, 1963, Article 136 - Execution of decree- Starting point of limitation - As there was conflict amongst three, two- Judge Bench decisions of the Supreme Court, the matter directed to be placed before Hon'ble Chief Justice for reference to three-Judges Bench. [Paras 1 and 2]
Judgment
1. After hearing the counsel for the parties, we find there is obvious conflict among the three two Judge Bench decisions i.e. (i) Shankar Balwant Lokhande v. Chandrakant Shankar Lokhande (1995 (3) SCC 413), (ii) W.B. Essential Commodities Supply Corpn. v. Swadesh Agro Farming & Storage (P) Ltd. (1999 (8) SCC 315), and (iii) Hameed Joharan v. Abdul Salam (2001 (7) SCC 573). Yet another two Judge Bench decision in Renu Devi v. Mahendra Singh (2003 (10) SCC 200 : AIR 2003 SC 1608) would also have some bearing on the point.
2. In this view of the matter, we deem it appropriate that this case be placed before a three Judge Bench to resolve the conflict in the aforesaid decisions.
3. May be placed before Hon'ble the Chief Justice for appropriate orders.
Order accordingly.
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