AKHTAR MOHAMMAD Vs. NATIONAL INSURANCE COMPANY LTD.

JUDGEMENT

(1.) THE petitioner has preferred this petition under Article 226 of the Constitution with a view to get an order Annexure R/l passed on 23rd of September, 1978 and set aside. The brief facts out of which this petition arises are:

(2.) THIS order is sought to be challenged. In view of the law laid down by the Supreme Court of India in State of M.P. v. Bhailal Bhai AIR 1964 SC 1006, the normal period at the most for filing a writ petition is three years i.e. the period as available to a litigant for filing a civil suit. In this case, the petition was filed after twelve years of the decision of the appeal. The plea that repeated representations had been filed by the petitioner, does not furnish a fresh cause of action. This view was expressed in State of Orissa v. Samantaray, AIR 1976 SC 2617.