The Revival of Ray XXI

In T.P. Kunhaliumma, (1976) 4 SCC 634 this Court held that applications under Article 137 of The Limitation Act, 1963 is not confined to applications contemplated by or under Code of Civil Procedure.

The conclusion we reach is that Article 137 of The Limitation Act, 1963 will apply to any petition or application filed under any Act to a Civil Court. We differ from the view taken in Athani, (1969) 1 SCC 873 and hold that Article 137 is not confined to applications contemplated by or under Code of Civil Procedure.”

In the above case since the application under The Telegraphs Act, 1885 was filed before the Court, this Court held that Article 137 of The Limitation Act, 1963 was applicable.”

Hon’ble Justice Ashok Bhushan, Rukmini Ganesan v. The Commissioner, The Tamil Nadu Hindu Religious and Charitable Endowments Board, [Civil Appeal No. 4582 of 2019].