KISHORELAL STORES Vs. JAGANNATH BAYAJI PATIL

JUDGEMENT

(1.) THIS is an application in revision arising out of a suit filed by the applicant against the defendant. The suit was dismissed by the Second Class Subordinate Judge of Karad on the ground that it was barred by limitation and the decree was confirmed in appeal by the District Judge of Satara.

(2.) THE applicant filed the suit to recover a sum of Rs. 148-6-3 for principal and interest due on a khata in the name of one Bayaji Savalaram, the deceased father of the opponent.

(3.) THE view taken by both the Courts below is that the Dekkhan Agriculturists' Relief Act is a special or local law within the meaning of Section 29 of the Indian Limitation Act and that therefore the suit must be governed by the provisions of Section 72 of the Dekkhan Agriculturists' Relief Act alone, and the provisions of the Indian Limitation Act would have no application. Section 29, Sub-clause (2), provides that : Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed therefor by the first schedule, the provisions of Section 3 shall apply, as if such period were prescribed therefor in that schedule, and for the purposes of determining any period of limitation prescribed for any suit, appeal or application by any special or local law (a) the provisions contained in Section 4, Sections 9 to 18, and Section 22 shall apply only in so far as and to the extent to which, they are not expressly excluded by such special or local law; and (b) the remaining provisions of this Act shall not apply.