P.N.BHAGWATI, M.U.SHAH
CHANDRAKANT HARMANDAS – Appellant
Versus
CHARITY COMMISSIONER OF GUJARAT – Respondent
( 1 ) A short question relating to the applicability of sec. 12 of the Limitation Act arises in this Letters Patent Appeal. An application was made to the District Court Kaira at Nadiad under sec. 72 of the Bombay Public Trusts Act 1950 for setting aside a decision given by the Charity Commissioner in two appeals Nos. 118 of 1954 and 126 of 1954 holding that certain properties belonged to a public trust. One of the contentions raised before the learned Extra Assistant Judge Nadiad who heard the application was that the application was barred by limitation inasmuch as the decision of the Charity Commissioner was given on 29th October 1954 while the application was made on 11th January 1955 more than sixty days from the date of the decision of the Charity Commissioner. Sec. 72 of the Act requires that an application to set aside the decision of the Charity Commissioner must be made within sixty days from the date of the decision. The application was obviously made after the expiration of sixty days from the date of the decision of the Charity Commissioner and was therefore prima facie barred by limitation. But it was contended on behalf of the applicants that after
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