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1994 Supreme(J&K) 34

S.M.RIZVI, B.A.KHAN, A.M.MIR
Megha Enterprises And Etc. – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: R.P. Bakshi
Advocate For Appellant: J.S. Kotwal
Advocate For Respondent: Bilal Nazki
Advocate For Respondent: R.C. Gandhi

What is the ambit and scope of Article 181 of the J&K Limitation Act? Does it prescribe limitation for all types of applications under all special enactments including applications under Sec. 20 of the Arbitration Act or for applications under the Code of Civil Procedure only.

These questions arise out of the applications filed by the appellants under Sec. 20 of the Arbitration Act seeking reference of some disputes to the arbitrator. The applications were resisted by the respondent-State on the plea of limitation and eventually rejected by the learned Single Judge as time barred vide judgment dated 29. 12. 1989. The matter went in appeal to the Division Bench, which has referred the following question "for authoritative pronouncement by the Full Bench:

"Whether Article 181 of the Limitation Act is applicable to applications filed under Sec. 20 of the Arbitration Act? "

Before we proceed to formulate our answer, we deem it appropriate to bring out the close similarity between the State Act of 1938 and the Central Act of 1908. One is the true copy of the other. Their preamble is identical and they™re other provisions similar. The preamble of both the Acts reads thus:

" Whereas it is exp




































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