Cause of action for suit arose on 14.10.1970 - Suit had to be preceded by notice under Section 80 of CPC Period of two months required by Section 80 of CPC has to be excluded while computing limitation and suit filed on 14.12.1973 is within period of limitation - Appeal is continuation of suit limitation for filing execution petitio arose when appeal dispossed off

Citation

AIR 2004 SUPREME COURT 1596

2004(2) CTC 189

SUPREME COURT

(From : Karnataka)*

V. N. KHARE, C.J.I., SATYA BRATA SINHA, J. and S. H. KAPADIA, J.

Civil Appeal Nos. 1061-62 of 1998, D/-5-2-2004

Union of India and others v. West Coast Paper Mills Ltd. and another

(A)Limitation Act (36 of 1963), S.14, S.15 - Exclusion of period of appeal unreasonable by Tribunal - Railway freight declared - Special leave against decision of Tribunal granted - Tribunal's decision is placed in jeopardy - Limitation for suit to refund excess freight - Runs from date of decision in SLP and not Tribunal - Fact whether stay was granted in SLP or not is not of relevance.

 

Limitation Act, 1963, Section 15(2) Cause of action for suit arose on 14.10.1970 - Suit had to be preceded by notice under Section 80 of CPC Period of two months required by Section 80 of CPC has to be excluded while computing limitation and suit filed on 14.12.1973 is within period of limitation - Section 15(2) of Limitation Act enables such exclusion. [Para 12]

P. K. Kutty v. State of Kerala, AIR 1996 SC 2212 : 1996 AIR SCW 2699, Overruled.