The Plea of Limitation VIII: Article 54 of The Limitation Act, 1963

The interpretation of the first part of Article 54 of Schedule 1 of The Limitation Act, 1963 is no longer res integra. In Ahmadsahab, (2009) 5 SCC 462 this Court considered the meaning of the word “date” and “fixed” appearing in Article 54… the Court held that the expression “date fixed for the performance” is a crystallized notion. When a date is fixed it means there is a definite date fixed for doing a particular act. Therefore, there is no question of finding out the intention from other circumstances. It was reiterated that the expression “date” is definitely suggestive of a specified date in the calendar. Quite independently and without reference to the aforesaid decision, another Bench of this Court in Rathnavathi, (2015) 5 SCC 223 came to the same conclusion.

Hon’ble Justice Madan B. Lokur, Madina Begum v. Shiv Murti, [Civil Appeal No. 6687 of 2016].

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