1978 (8) TMI 225 - SC - Indian Laws

Summary

Issues Involved:
1. Proper forum for filing the appeal.
2. Applicable law of limitation for the appeal.

Summary:

1. Proper Forum for Filing the Appeal:
The appeal was required to be filed in the Judicial Commissioner's Court as per the provisions of the Goa, Daman and Diu (Extension of CPC 1908 and Arbitration Act, 1940) Act, 1965 (Central Act XXX of 1965) and the Goa, Daman and Diu Civil Courts Act, 1965 (Goa Act XVI of 1965). The Indian Civil Procedure Code was extended to the Union Territories of Goa, Daman and Diu with effect from June 15, 1966, and the corresponding provisions of the Portuguese Code were repealed. The forum of appeal is a procedural matter, and thus, the appeal had to be lodged in the forum provided by the repealing Act. The appeal was correctly filed in the Judicial Commissioner's Court.

2. Applicable Law of Limitation:
The question of whether the period of limitation for the appeal was governed by the Portuguese Code or by Article 116 of the Limitation Act, 1963, was complex and not free from doubt. The learned Additional Judicial Commissioner held that the appeal was governed by the Portuguese Code and was barred by time as it was filed beyond the 8-day period prescribed by the Portuguese Code. However, the Supreme Court granted the application for condonation of delay, acknowledging that the appellants bona fide believed that the appeal could be filed within 90 days as per Article 116 of the Limitation Act, 1963. The Court directed that the appeal (Civil First Appeal No. 6 of 1968) be taken on file and disposed of by the Judicial Commissioner's Court on merits in accordance with law. The appeal was allowed with no order as to costs.