GUGGALLA VENKATANARAPU REDDI Vs. SADHANAPU PEDDA REDDAMMA

JUDGEMENT

(1.) An important question of law is involved in this case and that is whether Article 164 of the Limitation Act is applicable to proceedings under the provincial Insolvency Act.

(2.) The Lahore High Court in the case of Umar Din v. Raghunath Sahai and another, A.I.R. 1932 Lah. 522 , has applied Article 164 of the Limitation Act. The words used in Article 164 are:

(3.) The question arises whether the order passed in the instant case is a decree. There is no discussion in the Lahore case also. As this is an important matter, I feel it is better if it is decided by a Bench. I therefore, refer this case to the Bench. As the other side is represented, Sri P. Venkatadri Sastri is appointed amicus curiae.