Corporation of Calcutta vs Dulal Chandra PramaniK and Another

Rau, J.—This is a reference by the Presidency and Municipal Magistrate of Calcutta u/s 432, Criminal P.C. The question of law on which he seeks the opinion of this Court is whether "Article 146(a), Schedule 1, Limitation Act, applies to this case." Presumably the reference is to Article 146-A, for there is no such Article as 146(a) in that Act. The case before the learned Magistrate was an application u/s 364(1), Calcutta Municipal Act of 1923 for the removal of a masonry platform alleged to be causing obstruction on Ran Nath Pal Road. The question, as framed, therefore is whether Article 146-A, Schedule 1, Limitation Act, applies to an application u/s 364(1), Calcutta Municipal Act of 1923. Such an application is plainly not a suit and therefore the aforesaid Article, which applies only to suits cannot apply to such an application. This is conceded by both parties. It may be that the question which the learned Magistrate meant to refer to this Court was rather different from the question which he has actually formulated, four we can only answer the question actually formulated.

Bartley, J.

I agree.