STATE OF KARNATAKA Vs. Y MOHAMMED KUNHI

JUDGEMENT

(1.) This is reference made by a Division Bench consisting of their Lordships the Hon'ble Mr. Justice Jagannatha Shetty (as he then was) and the Hon'ble Mr. Justice Chandrakantharaj Urs, JJ. in R A. 104 of 1975, which is still pending disposal.

(2.) At the hearing of the appeal a question having arisen as to the appropriate Article of Limitation to be applied to determine whether the suit out of which the appeal arose was in time or not, their Lordships to whom a decision of another Division Bench in State of Karnataka and another v. C. C. Transport Co, (R.F.As. 2 and 3 of 1975 DD. 20- 12-1984), was referred, felt a doubt about the correctness of that decision as to applicability of Article 24 of the Limitation Act. Before the referring Bench reliance had been placed on behalf of the State, on the decision in C. C. Transport Company's case in support of the contention that Article 24 and not Article 22 of the Limitation Act ('Act' for short) was attracted and that the court below was in error in applying Article 22 of the Act to hold that the suit was in time.

(3.) The Division Bench formulated and referred the following question for the opinion of the Full Bench :