JOKKIM FERNADEZ Vs. AMINA KUNHI UMMA

JUDGEMENT

(1.) I regret that I have to disagree with the conclusion reached by my learned brother Gopalan Nambiyar, J.

(2.) THE main contention that is raised by the respondent is that as the appellate authority is not a court (civil or criminal) the provision contained in Section 5 of the Limitation Act is not applicable for condonation of the delay in filing the appeal. An answer to this contention must depend on a decision regarding the extent of the applicability of the principles contained in the Limitation Act to the proceedings under the Buildings (Lease and Rent Control) Act.

(3.) THE Limitation Act contains the general law of limitation of actions. The various articles in the First Schedule of the Act prescribe the period of limitation for suits, appeals and applications. The Act also lays down in Sections 4 to 24 the general principles for determination of the period of limitation for suits, appeals and applications. They relate to the powers of the court to extend, exclude and compute the period of limitation. If on determining the period of limitation it is found that the suit, appeal or application is filed, preferred or made after the period of the limitation prescribed, the court should dismiss it. In the case of appeals and certain applications a power (under Section 5) is given to the court to condone delay also. These general principles of limitation and the period of limitation are applicable to proceedings in Court in general. But rights, remedies and periods of limitation are provided for and prescribed under various special or local laws also. It is not possible to provide in the Limitation Act for periods of limitation for all types of actions under special law and a repetition of all the general provisions for determining the period of limitation prescribed under special or local laws in these laws will make them cumbersome. Therefore the Legislature has enacted in the Limitation Act itself a provision by which the general provisions of the Act are made applicable for the purpose of determining the period of limitation prescribed by the special laws. Thus the Limitation Act of 1908, Section 29 (2) reads as follows: