Supreme Court of India · 2001-03-26
Syndicate Bank vs Prabha D. Naik And Anr. Etc
- Citation / case number
- AIR 2001 SUPREME COURT 1968
- Court
- Supreme Court of India
- Petitioner
- Syndicate Bank
- Respondent
- Prabha D. Naik And Anr. Etc
- Bench
- B.N. Kirpal, U.C. Banerjee, Brijesh Kumar
Judgment text excerpt
The Supreme Court held that the provisions of the Portuguese Civil Code regarding limitation are local laws under Section 29(2) of the Indian Limitation Act, 1963. The Court affirmed that if a cause of action arises outside the Portuguese law, the Indian Limitation Act applies, thereby upholding the High Court's decision that the plaint was barred by limitation. The ruling clarified the relationship between local laws and the Indian Limitation Act, emphasizing that the Portuguese Civil Code's provisions must be considered as part of the Limitation Act.