SHEIKH MAULA BUX Vs. UNION OF INDIA

JUDGEMENT

(1.) JUDGEMENT The Judgment in the appeal was delivered by us on 20th December, 1963. The present application for leave to appeal to the Supreme Court under Article 134(1)(a) and (c) of the Constitution of India was presented on 15th April, 1964. The office has objected that this application in barred by time. The office report is, however, not quite clear.

(2.) WE have heard the learned counsel for the parties on the question of limitation. The learned Junior Standing Counsel has urged that the application is barred by time.

(3.) IN the circumstances, if the new Limitation Act (Central Act XXXVI of 1963) applies without the provisions of S. 12, the application would be barred by time. If, on the other hand, the old Limitation Act, 1908 is to apply the application would be within time.