K JAMES Vs. V PONNIAH

JUDGEMENT

(1.) THE respondent in I. A No. 389 of 1971 in the court of the Subordinate Judge, nagarcoil, is the petitioner. The revision petition is directed against the order of the learned Subordinate Judge in I. A. No. 389 of 1971 allowing the application I. A no 389 of 1971 filed under Section 5 of the Limitation Act, 36 of 1963, seeking to excuse the delay in filing the appeal against the order of the Assistant Settlement officer, dated 17-7-1969 under Section 9 (3) of the Kanyakumari Sreepandaravaka lands (Abolition and Conversion into Ryothwari) Act,31 of 1964, prescribing a period of three months for filing such appeals with a discretion to the Tribunal to extend the period by two months. The contention of the learned counsel for the petitioner is that the Act 31 of 1964 must be deemed to be a complete enactment dealing with the grant of roytwari patta and that the provision relating thereto and the Act not having provided an application under Section 5 of the Limitation Act the application under Section 9 of the Act is in applicable. In other words. the contention is that the Act is a self-contained enactment. The period for filing an appeal having been provided by Section 9 (3), no further application for extension of time by reason of Section 5 should be made. The Limitation Act, 36 of 1963, came into operation on 1-1-1964. Section 29 (2) of the said Act runs as follow-

(2.) PETITION dismissed.