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1983 Supreme(Bom) 292

R.A.JAHAGIRDAR, G.D.KAMAT
Cadar Constructions – Appellant
Versus
Tara Tiles – Respondent


Judgement Key Points

What is... How to determine whether the Portuguese Civil Code or the Indian Limitation Act applies to a suit for recovery of money in Goa, Daman and Diu? What are the conditions under which Article 14 of the Limitation Act or Article 535 of the Portuguese Civil Code governs the suit, and how does repeal of the Portuguese Code affect the applicable period of limitation?

Key Points: - The provisions relating to periods of limitation in the Portuguese Civil Code are local and special laws for rights under the Code itself (!) (!) . - If a cause of action arises under Portuguese law, the applicable period is the Portuguese provision; if the relevant Portuguese provision is repealed but the cause of action arose before repeal, the Code provision may still apply (!) (!) . - If the cause of action arises outside the Portuguese law, Indian Limitation Act governs; Article 14 of the Limitation Act applies to suits in this case (!) (!) . - The suit in question is governed by Article 14 of the Limitation Act, considering the interplay of local/special Portuguese law and repeal effects (!) (!) . - Payment on account of debt can reset limitation under Section 19 of the Limitation Act if properly evidenced in writing by the payer or written acknowledgment; in this case, the 5,000 paid on 15 April 1968 was evidenced by a receipt and supported by witness testimony (!) (!) (!) (!) (!) .

What is...

How to determine whether the Portuguese Civil Code or the Indian Limitation Act applies to a suit for recovery of money in Goa, Daman and Diu?

What are the conditions under which Article 14 of the Limitation Act or Article 535 of the Portuguese Civil Code governs the suit, and how does repeal of the Portuguese Code affect the applicable period of limitation?


JUDGMENT - R.A. JAHAGIRDAR, J.:---This Letters Patent appeal seeks to challenge an order passed by a learned Single Judge of this Court on 23rd December, 1982 holding that the suit originally filed by the respondents, hereinafter referred to as "the Plaintiff", was within time. By the said judgment the learned Single Judge held that the suit was governed by the provisions contained in what can be called the Portuguese Civil Code and not by the provisions of the Indian Limitation Act, hereinafter referred to as "the Limitation Act". The facts leading to the aforesaid judgment of the learned Single Judge as well as this Letters Patent appeal may be briefly stated.

2. The plaintiff filed a suit being Civil Case No. 17 of 1971, in the Court of the Civil Judge, Senior Division, Panaji, for recovery of a sum of over Rs. 10,000 on the ground that the said amount was due to him on taking accounts. The amount was due to him for the goods which had been supplied by him to the defendant. The suit was filed on 14th of April, 1971. In the plaint it had been specifically mentioned by the plaintiff that during the period from 19th April, 1967 to 31st March, 1968 the plaintiff had sold to the defen


















































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