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Issues: Whether the expression "the date fixed" in Article 54 of the Schedule to the Limitation Act, 1963 denotes a specific date in the calendar.
Analysis: The expression "date" in Article 54 was held to carry the sense of a definite, specified point of time and not a date to be gathered from surrounding circumstances. The phrase "date fixed for the performance" was treated as a crystallized notion, contrasting with the alternative limb of Article 54 where no date is fixed and limitation begins when the plaintiff has notice of refusal. On that construction, the statutory language points to a definite calendar date.
Conclusion: The expression "the date fixed" in Article 54 of the Schedule to the Limitation Act, 1963 means a specified date in the calendar.
Ratio Decidendi: For the purpose of Article 54 of the Schedule to the Limitation Act, 1963, the words "the date fixed" signify a definite and ascertainable calendar date, not a date to be inferred from surrounding circumstances.
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