From the Judgment and Order dated 17 3 1969 of the Judicial Commissioners Court in Appeal No.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. It is number a matter of history that the erstwhile Portuguese Colonial Possessions of Goa, Daman and Diu became part of the Territory of India from 20th December, 1961.
2038 of 1969 From the Judgment and Decree dated the 12th March 1969 of the Court of Judicial Commissioner Goa, Daman and Diu in Second Appeal No.
The territories of Goa, Daman and Diu were incorporated as a Union Territory by the Constitution Twelfth Amendment Act, 1962, with effect from 20th December, 1961.
1st January, 1964, was later specified as the date from which the Limitation Act was to companye into force.
Civil Appeal No.
The question which has arisen for companysideration in these two appeals is whether the provisions of the Portuguese Civil Code relating to Limitation stand repealed by the Limitation Act, 1963, by necessary implication, or whether they are saved by Section 29 2 of that Act.
Eduardo Falero, O. C. Mathur, D. N. Misra and B. D. Co. for the Respondent In C.A. 1818/69 .
CIVIL APPELLATE JURISDICTION Civil Appeal No.
5 of 1968.
2038 of 1969 arises out of a suit instituted by the plaintiff respondent to recover a sum of Rs.
AND CIVIL APPEAL NO.
M. Tarkunde, Naunit Lal and Dr. Bernardo Das Rais for the Appellant In C.A. 1818/69 .
The prosecution which was alleged to have been maliciously launched against the plaintiff ended in an acquittal by the decision of the Supreme Court, Lisbon, on 6th April, 1960.
5,000/ said to be due on a promissory numbere dated 24th November, 1962, executed by the defendant appellant.
Naunit Lal and Dr. Bernardo Das Rais for the Appellant In C.A. 2038/69 .
1818 of 1969 arises out of a suit filed by the respondent plaintiff against the appellant defendant on 25th November, 1965, claiming damages for malicious prosecution.
243/66.
An Agravo appeal to the District Judge and a further appeal to the Judicial Commissioner number having borne fruit the defendant has preferred this appeal after obtaining special leave from this Court.
The question of Limitation was decided as a preliminary issue in favour of the plaintiff by the Subordinate Courts and by the Judicial Commissioner of Goa.
1818 of 1969.
Civil Appeal No.
V. Tambwekar for the Respondent In C.A. 2038/69 .
In this suit the plaintiff claimed that the period of limitation was as provided by Article 535 of the Portuguese Civil Code while the defendant claimed that the period of limitation was as provided by Article 31 of the Schedule to the Limitation Act, 1963.
