occasion to examine the
expression used in Article 58 in contradistinction to Article 113 ... date “when
the right to sue accrues”. The distinction between
Article 58 and Article 113 is, thus, apparent inasmuch
as the right
Article 32 and not by Article 120 of the Limitation Act, 1908. Article 120 of the Limitation Act, 1908 corresponds to Article 113 ... specific Article providing for limitation for such a suit, it would be governed by residuary Article 120 equivalent to Article 113. This plea was rejected
time.
24. No other Article in the limitation Act is pointed out to us other than Article 113 which attracts the claim in question. Therefore ... Limitation Act . The residuary article is applicable to every variety of suits not otherwise provided for. Article 113 (corresponding to Article
amplitude whereas Article 56 and 59 govern suits in which declarations specified in those articles are sought or cancellation is involved. Article 113 being ... particular specified nature of suit, the residuary article cannot be invoked. In any case Article 113 of Limitation Act also prescribes a period
occasion to examine the expression used in Article 58 in contradistinction to Article 113 of the 1963 Act. We may advert to paragraphs ... when the right to sue accrues". The distinction between Article 58 and Article 113 is, thus, apparent inasmuch as the right
occasion to examine the expression used
in Article 58 in contradistinction to Article 113 of the 1963 Act. We
may advert to paragraphs ... date “when the right to sue accrues”. The
distinction between Article 58 and Article 113 is, thus, apparent
inasmuch as the right
occasion to examine the expression used in
Article 58 in contradistinction to Article 113 of the 1963 Act. We
may advert to paragraphs ... date “when the right to sue accrues”. The
distinction between Article 58 and Article 113 is, thus, apparent
inasmuch as the right
occasion to examine the
expression used in Article 58 in contradistinction to Article 113
of the 1963 Act. We may advert to paragraphs ... when the
right to sue accrues". The distinction between Article 58
and Article 113 is, thus, apparent inasmuch as the right
appropriate provision is Article 24 and not the residuary Article.
Sri Balakrishna urged that, at all events, even if Article 113 was held to apply ... held to be governed by Article 62 and cot Article 120 corresponding to Articles 24 and 113 respectively of the 1963 Act.
We, therefore, accept
following substantial question of law.
Whether the appellate court misconstrued Article 113 of Limitation Act and failed to look into the contrary statement ... suit for injunction has to be governed by the residuary Article i.e. Article 113. Under this Article, a suit can be filed within
