BOARD OF SCHOOL EDUCATION, J&K Vs. MOHD SHARIEF

JUDGEMENT

(1.) THIS appeal is being decided on the limited substantial question of law formulated in para -l(g) of the memorandum of appeal relating to the limitation aspect of the suit filed by the respondent and the interpretation to be given to Article 67 to the Schedule of Limitation Act and section 3 of Limitation Act. The question of law formulated may be reproduced as under: - "(g). Whether the suit for declaration based entirely on the ground of mistake is governed by Art. 67 of the Limitation Act and consequently the present suit was barred by limitation".

(2.) THE other questions formulated need not to be determined by us because the appeal is being disposed of only on the aforesaid question of law.

(3.) THE brief facts giving rise to the filing of this appeal by the Jammu and Kashmir State Board of School Education are as under.