Case Note & Summary
The appellants filed a suit for pre-emption against the respondents, seeking to exercise their right to purchase property. The suit was dismissed by the trial court on the ground that it was barred by limitation, as per Article 1566 of the Portuguese Civil Code, which prescribes a 6-month limitation period for pre-emption suits. The first appeal was also dismissed. In the second appeal, the appellants argued that the limitation period should be governed by Article 97 of the Indian Limitation Act, 1963, which provides a longer period, and that the Portuguese Civil Code provision had been impliedly repealed. The High Court of Bombay at Goa framed two substantial questions of law: (a) whether the limitation period is governed by Article 1566 of the Portuguese Civil Code or Article 97 of the Indian Limitation Act, and (b) whether there has been an implied repeal of the Portuguese Civil Code provision. The court held that Article 1566 of the Portuguese Civil Code continues to apply in Goa and has not been impliedly repealed by the Indian Limitation Act. Consequently, the suit was barred by limitation, and the second appeal was dismissed.
Headnote
A) Limitation - Pre-emption - Period of Limitation - Article 1566 of Portuguese Civil Code, 1867 vs. Article 97 of Indian Limitation Act, 1963 - The court considered whether the limitation period for a pre-emption suit is governed by the Portuguese Civil Code or the Indian Limitation Act. Held that Article 1566 of the Portuguese Civil Code, which provides a 6-month limitation period, continues to apply in Goa and has not been impliedly repealed by the Indian Limitation Act. (Paras 1-4) B) Limitation - Implied Repeal - Portuguese Civil Code - Indian Limitation Act - The court examined whether the Indian Limitation Act, 1963 impliedly repealed Article 1566 of the Portuguese Civil Code, 1867. Held that there is no implied repeal as the Portuguese Civil Code is a special law applicable to Goa and the Indian Limitation Act does not expressly or impliedly repeal it. (Paras 1-4)
Issue of Consideration
Whether the limitation period for a suit for pre-emption is governed by Article 1566 of the Portuguese Civil Code or Article 97 of the Indian Limitation Act, 1963, and whether the Portuguese Civil Code provision has been impliedly repealed.
Final Decision
Second appeal dismissed. The suit for pre-emption is barred by limitation under Article 1566 of the Portuguese Civil Code, which has not been impliedly repealed by the Indian Limitation Act, 1963.
Law Points
- Pre-emption
- Limitation
- Implied Repeal
- Portuguese Civil Code
- Indian Limitation Act
