Hon'ble Supreme Court of India observed, “The relevant question is whether the use of the expression "date" used in Article 54 of the Schedule to Limitation Act, 1963 (in short the `Act') is suggestive of a specific date in the calendar…. Article 113 of the Old Act is in pari materia with Article 54 of Schedule to the Act….
There are two decisions of this Court i.e. Ramzan v. Hussaini and Tarlok Singh v. Vijay Kumar Sabharwal. In Tarlok Singh's case (supra) the factual scenario was noticed and the case was decided after referring to Article 54 of the Schedule to the Act. Ramzan's case (supra) related to the specific performance of contingent contract. It was held that the expression `date fixed for performance' need not be ascertainable in the face of the contract deed and may be ascertainable on the happening of a certain contingent event specified in the contract….
"Date", though sometimes used as the shortened form of "day of the date", is not its synonym; but mean the particular time on which an instrument is given, executed, or delivered….
`Fixed' in essence means having final or crystallized form or character not subject to change or fluctuation….
The expression `date' used in Article 54 of the Schedule to the Act definitely is suggestive of a specified date in the calendar.”
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