NAGAR PALIKA PARISHAD MORENA Vs. AGRAWAL CONSTRUCTION CO

JUDGEMENT

(1.) HEARD on MCP No. 795/03. This application is under section 5 of the Limitation Act. Preliminary objection has been raised by respondent that provisions under section 5 of Limitation Act are not applicable to the proceedings arising out of Madhya Pradesh Madhyastham Adhikaran Adhiniyam. In support of their contention counsel for respondent referred a case of Nasiruddin and others v. Sitaram and others reported in 2003 (2) SCC 577 and submitted that this being a special Act provisions of Limitation Act are not applicable. The Act has not provided any provision for condoning delay in filing the revision.

(2.) COUNSEL for petitioner submitted that since the powers under section 115 of the Code of Civil Procedure are conferred upon the High Court, therefore, provisions of Limitation Act will be applicable to the present case. Section 19 of the Adhiniyam clearly specifies that the revision shall be filed within three months from the date of passing of the award but this section does not provide for extension of time or condoning the delay in filing the revision filed beyond the period of three months. In the absence of any specific provision for condoning delay, the delay in filing revision cannot be condoned.

(3.) CONSEQUENTLY , N.C.P. No. 794/03 is also dismissed and the Civil Revision is dismissed as barred by limitation.