LAWS(GJH)-1974-4-6

MULCHAND LAXMICHAND SHAH Vs. SHETH BHIKHCHAND TRILOKCHAND

Decided On April 08, 1974
MULCHAND LAXMICHAND SHAH Appellant
V/S
SHETH BHIKHCHAND TRILOKCHAND Respondents

JUDGEMENT

(1.) J. M. SHETH J.

(2.) THIS is a revision petition filed by the petitioner a partnership firm against the order passed by the learned Civil Judge Senior Division Broach dated 29th July 1971 in Regular Civil Suit No. 461 of 1968 that it being barred by law of limitation it must fail j an has been consequently dismissed directing each party to bear its own costs.

(3.) THE trial Court relying upon the provisions of Article 119 of the Limitation Act 1963 Schedule falling in third division reached the conclusion that the period of thirty days would govern the period of limitation and that period would commence from the date of the notice of the making of the award. THE petitioner himself having made the application Ex. 70 on 1-11-1968 it could be said that he had the knowledge of the award from that date and the arbitrators having moved the Court on 18 i.e. 30 days thereafter there was bar of law of limitation and passed the impugned order.