S BALAKATAMAIAH Vs. A MALLANNA

JUDGEMENT

(1.) Doubting the correctness of the decision rendered by a learned single judge of this Court in S. Laxmaiah (DIED) per L.Rs v. Venkateswara Rao (DIED) per LRs. this reference has been made to this Bench by the another learned Single Judge.

(2.) The fact of the matter lies in a very narrow compass. A promissory note was executed by the 1st respondent in favour of the 2nd respondent. The said promissory note was transferred in favour of the revision petitioner. The promissory note was executed on 27-10-92. The revision petitioner filed the suit for recovery of the amount on the basis of the said promissory note on 27-10-95. Originally the suit was decreed as against the 1st respondent only, and dismissed as against 2nd respondent. In revision filed there against, the learned Single Judge of this Court in C.R.P. No. 5156 of 97 remitted the case to the trial Court for consideration on the question of limitation. The learned Court below dismissed the suit on the ground that the same was barred by limitation. In support of the said finding, reliance has been placed by the learned Court below on S. Laxmaiah's.

(3.) It is not in dispute that the suit promissory note, was dated 27-10-92 and the suit was filed on 27-10-95 and for the purpose of computing the period of limitation, 27-10-92 cannot be reckoned in view sub-section (1) of Section 12 of the Limitation Act, 1963 which is in the following terms:- "12. Exclusion of the time in legal proceedings:- (1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded