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1955 Supreme(Mad) 167

GOVINDA MENON, BASHEER AHMED SAYEED
R. Dasaratha Rao. – Appellant
Versus
K. Ramaswamy Iyengar. – Respondent


Advocates:
D.R.Krishna Rao, M.S. Ramachandra Rao and M. Krishna Rao for Petitioner.
D.Ramaswami Aiyangar and P.R.Varadarajan for Respondents.

Govinda Menon, J.-I am in agreement with my learned brother that the appeals and revision should be dismissed, but I wish to add a few words with regard to the scope and import of Article 178 of the Limitation Act. Before its amendment by the Arbitration Act, X of 1940, the first column of that Article was as follows:

"Under the same Code for the filing in Court of an award in a suit made in any manner referred to arbitration by order of Court or of an award made in any manner referred to arbitration without the intervention of Court. "

The period of limitation fixed was six months and the time from which the period began to run as mentioned in the third column was the date of the award. The form in which the Article now stands was the result of the amendment by which the period is cut down to ninety days and the terminus a quo is stated to be the date of service of the notice of the making of the award ; in column 1 the description of the application reads as:

"Under the Arbitration Act, 1940, for the filing in Court of an award".

The change with regard to the time from which the period begins to run is significant because originally when once the award is made, if a decree has to be










































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