LAWS(BOM)-2017-2-198

HANUMANT SAHEBRAO PAWAR Vs. DEVIDAS KERBAN BIRADAR

Decided On February 14, 2017
Hanumant Sahebrao Pawar Appellant
V/S
Devidas Kerban Biradar Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith.

(2.) Heard finally by consent of learned counsel for the respective parties.

(3.) So far as the contention that the limitation period from the date of receipt of summon issued under Form No. 4A for judgment as contained in Rules 4 and 5 of Order 37 of the Code of Civil Procedure is concerned, it has been brought to the notice of this Court by learned counsel for respondent that form no. 4A Appendix B itself has been deleted by Bombay amendment and, therefore, the limitation period would start from the date of receipt of the summons issued in terms of Rule 3 Order 37 of the Code of Civil Procedure.