Supreme CourtDivision Bench

Syndicate Bank vs Prabha D. Naik and Another

Supreme Court Of India · Decided on 2 November 2000 · Citation: (2000) 3 ACR 1913 : (2000) 7 JT 583 : (2000) 9 SCC 256

HON’BLE JUDGES
Brijesh Kumar, J · B. N. Kirpal, J
ACTS & SECTIONS REFERRED
Limitation Act, 1963 Sec 1(2)
RESULT
Refer Larger Bench
CASE NUMBER
Civil Appeal No: 4944 of 1989
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Judgment

2 paragraphs · 142 words

B.N. Kirpal J.-The question involved in these appeals concerns interpretation of Article 535 of the Portuguese Civil Code and the applicability of the provisions of the Indian Limitation Act to the State of Goa. There are observations made by a Bench of two Judges of this Court in the case of Justiniano Augusto De Piedada Barreto v. Antonio Vicente Da Fonseca1 which have been referred to and explained by a Division Bench of the Bombay High Court in the case of Cadar Constructions v. Tara Tiles2 according to which, if the cause of action has arisen under the Indian law then provisions of Article 535 of the Portuguese Civil Code with regard to limitation would not be applicable.

2.

In our opinion, it will be appropriate, considering the importance of the point involved, that these appeals be heard by a larger Bench.