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2008 DIGILAW 1384 (SC)

Singh Ram (Dead) Through Legal Representative v. Sheo Ram

2008-08-18

CYRIAC JOSEPH, S.B.SINHA

body2008
ORDER : 1. As it appears that observations made by this Court in Prabhakaran & Ors. v. M. Azhagiri Pillai & Ors., reported in 2006 (4) SCC 484 , in regard to the interpretation and/or application of Article 61 of the Schedule appended to the Limitation Act, 1963 are contrary to the principles laid down by this Court in a large number of decisions, including Jayasingh Dnyanu Mhoprekar & Anr. v. Krishna Babaji Patil & Anr., 1985 (4) SCC 162 as also various decisions referred to by the Full Bench, Ram Kishan v. Sheo Ram, AIR 2008 P & H 77 : (2008) 64 AIC 352 of the High Court, we are of the opinion that the matter should be heard by a larger Bench. 2. Delay condoned. 3. Leave granted. 4. List the matter before appropriate larger Bench. 5. Let the records of this case be placed before Hon'ble the Chief Justice of India for necessary orders.