S SUNDARARAJAN Vs. THE AUTHORISED OFFICER (LAND REFORMS)

JUDGEMENT

(1.) This revision is directed against the order of the Land Tribunal, Tirunelveli excusing the delay in filing a review application under Section 5 of the Limitation Act in C.M.A. (L.T.) No. 13 of 1972.

(2.) The respondent is the Authorised Officer, Land Reforms, Tirunelveli against whose order an appeal had been filed to the Land Tribunal. The Land Tribunal disposed of the said appeal on 30th October, 1974. A review application was filed by the Authorised Officer on 27th October, 1975, after considerable delay. Along with the review application, an application for excusing the delay in filing the review application (I.A. No. 16 of 1976) had also been filed stating that the order of the Tribunal had to be examined at various levels and the higher authorities had to be consulted for filing a review application and that examination and consultation resulted in the said delay and that as such the delay was not wilful.

(3.) The application for condonation of the delay was opposed by the petitioner herein on the ground that as Section 5 of the Limitation Act will not apply to the Land Tribunal which is not a Court, it cannot condone the delay invoking that section. The Tribunal, however, has taken the view that as the Act which gives the power of review to the Tribunal does not provide for any period of limitation for filing an application for review, the residuary provision in Article 137 of the Limitation Act could be invoked by the party seeking the review even if Section 5 of the Limitation Act cannot be invoked by the Tribunal, The Tribunal then went into the question as to whether sufficient grounds have been shown for condonation of the delay and after holding that there was sufficient cause for the delay, condoned the delay in filing the review application. Aggrieved against the order of the Tribunal condoning the delay, the respondent in I.A. No. 16 of 1976 on the file of the Land Tribunal has filed the present revision petition.