Law: Limitation Act, 1908

Section: Art. 182 (3)

(a) Limitation Act (IX of 1908)-----   ----- Art. 182 (3)-Review-Mean ing-Whether Article applicable only where review is allowed and not where it is rejected.   It was argued that `review' as mentioned in clause (3) of Article 182 of the Limitation Act, 1908 means (because of the words in brackets "where there has been a review of judgment") when review has been allowed, i.e., the order of judgment has been modified or altered after review but where review is rejected, limitation does not run from the date of the decision passed on the review.   Held, that the Legislature never meant that the date of decision passed on review implied that the judgment must have been reviewed and altered in favour of the person who had made the application for review. A judgment is reviewed, whether the reviewing of the judgment is in favour or against any party. The qualifying words "where there has been a review of judgment" in brackets in clause (3) of Article 182 of the Limitation Act, 1908 only refer to such points of time as appeal, review, amended decree, etc. and the words after the brackets in clause (3) are "the date of the decision passed on the review". There are no words in that clause to the effect that the date will be the date of the decision modifying the judgment ; the word is "decision". There fore, if a review is granted or refused, it will be a decision in either case.   (b) Limitation Act (IX of 1908)------   ------ Art. 182 (2)-Appeal includes revision.   An appeal includes revision and so in the case of revision Article 182 of the Limitation Act, 1908 will be applicable and limitation will run from the order in revision under clause (2) of the Article.   Gurapade Haldar v. Tarit Bhusan Roy Choudhury and others 22 C W N 158 and Chidambara Nadar v. Rama Nadar and others A I R 1937 Mad. 385 rel.   (c) Limitation Act (IX of 1908)-----   ----- Arts. 181 & 182-Test to determine whether Art. 181 or 182 is applicable.   The true criterion in determining whether Article 181 of the Limitation Act, 1908 applies to a particular application execution is to ascertain…