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1977 Supreme(Guj) 9

D.A.DESAI, P.D.DESAI, B.K.MEHTA
ZABUBEN DEUJI WD/o HARJIVAN GHELABHAI – Appellant
Versus
MANSUKHLAL BHAGVANDAS – Respondent


Advocates Appeared: BHARAT B.NAIK, K.S.MANKAD, YOGESH S.MANKAD

B. K. MEHTA, J.

( 1 ) WHEN Civil Revision Application No. 1512 of 1972 came up for hearing before S. H. Sheth J. he referred the following four questions to a Division Bench :- (1) Whether the award passed under the B. A. D. R. Act is deemed to be a decree under clause (iii) of sub-sec. (3) of sec. 38 of that Act ? (2) Whether by virtue of the provisions of clause (iii) of sub-sec. (3) of sec. 38 of the B. A. D. R. Act whether in the instant case (sic) attracted the provisions of Article 182 of the Indian Limitation Act 1908 ? (3) If answer to the second question is in the negative whether it attracted Article 181 residuary Article of the Indian Limitation Act 1908 ? (4) If the award under the execution was not governed by any of the aforementioned provisions whether it was governed by any other provision of law in relation (sic) to limitation ?when the matter came up before a Division Bench consisting of S. H. Sheth and C. V. Rane JJ. after referring to the earlier judgments of the learned Single Judge of this High Court and judgment of the Division Bench of this High Court and the judgment of the Division Bench of the Bombay High Court they considered it necessary to refer the mat

















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