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1993 Supreme(Bom) 130

M.F.SALDANHA
Madhavdas Damodardas Gujar and others – Appellant
Versus
Mahadu Keru Raut – Respondent


JUDGMENT- M.F. SALDANHA, J.:---Certain novel arguments were advanced before me in the course of the hearing of this petition which essentially concern facets of the Limitation Act, 1963. One of the contentions advanced was that de hors the question of limitation when an application is presented to an appellate authority 22 years after the passing of the original order that it is open to the authority concerned to examine the merits of the original order and the sequitur of this argument is that if such examination indicates that the original order is a void order that it can be struck down regardless of the time-bar prescribed by the Limitation Act. In substance, the argument canvassed is that an order which is a nullity in law can be challenged at any time, even decades later, because it is basically no order, and conversely that limitation applies only in the case of "legal" orders. To my mind, the entire submission is totally confused and wholly untenable. A few of the facts giving rise to the controversy as are follows.

2. The petitioners before me were the original landlords in respect of Survey No. 713, admeasuring 46 Acres and 27 Gunthas. The respondent was the tenant in res













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