TILOKCHAND AND MOTICHAND Vs. H B MUNSHI

JUDGEMENT

(1.) This petition has led to a sharp division of opinion among my brethren; Sikri and Hegde, JJ.

(2.) At the threshold it appears to me that as there is no law which prescribes a period of limitation for such petitions, each of my brethren has really given expression to the practice he follows or intends to follow. I can do no more than state the views I hold on this subject and then give my decision on the merits of the petition in the light of those views.

(3.) The problem divides itself into two. The first part is a general question to be considered in two aspects : (a) whether any limit of time at all can be imposed on petitions under Article 32, and (b) whether this Court would apply by analogy an article of the India Limitation Act appropriate to the facts of the case or any other limit The second is what is to be done in this case I shall begin by stating my views on the first question.