2009 (4) TMI 1033

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.....R. Muthugopal AIR2006SC40 a Bench of this Court did not go into this issue. It decided the appeal on the factual scenario applicable. It was however noticed that several High Courts have dealt with the matter differently. In all these cases, for example in Kashi Prasad v. Chhabi Lal AIR1933All412 , Alopi Parshad v. Court of Wards AIR 1938 Lah 23, Lala Ram Sarup v. Court of Wards AIR 1940 PC 19, Kruitiventi Mallikharjuna Rao v. Vemuri Pardhasaradhirao AIR 1944 Mad 218, R. Muniswami Goundar v. B.M. Shamanna Gouda AIR 1950 Mad 820, Hutchegowda v. H.M. Basaviah AIR 1954 Mys 29, Purshottam Sava v. Kunverji Devji AIR 1954 Sau 104, Lakshminarayana Reddiar v. Singaravelu Naicker AIR 1963 Mad 24, Shrikrishna Keshav Kulkarni v. Balaji Ganesh Kulkarn....

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....s do not throw much light on the controversy at hand. 5. According to Advanced Law Lexicon by P. Ramanatha Aiyar, 3rd Edition 2005, the word 'date' means as follows: Date. (As a noun) The point of time at which a transaction or event takes place; time given or specified; time in some way ascertained and fixed; in a deed, that part of the deed or writing which expresses the day of the month and year in which it was made, (2 Bl. Commn. 304; Tomlin). In Bement v. Trenton Locomotive, etc., Mfg. Co. 32 NLJ 513 (515), it is said : 'The primary signification of the word date, is not time in the abstract, nor time taken absolutely but, as its derivation plainly indicates, time given or specified time in some way ascertained ....

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....that the expression 'date fixed for the performance' is a crystallized notion. This is clear from the fact that the second part "time from which period begins to run" refers to a case where no such date is fixed. To put it differently, when date is fixed it means that there is a definite date fixed for doing a particular act. Even in the second part the stress is on 'when the plaintiff has notice that performance is refused'. Here again, there is a definite point of time, when the plaintiff notices the refusal. In that sense both the parts refer to definite dates. So, there is no question of finding out an intention from other circumstances. Whether the date was fixed or not the plaintiff had notice that performance is refus....