UTPAL KUMAR SAHA Vs. SUJAN BHOWANI

JUDGEMENT

(1.) A short but interesting point is raised in this revisional application as to whether Section 5 of the Limitation Act would apply to an appeal filed under Section 9 (6) of the West Bengal Land Reforms Act, 1955 filed before the District Judge. Having inspired from the judgment of the Apex Court rendered in case of Gopal Sardar Vs. Karuna Sardar, 2004 4 SCC 252, the learned advocate appearing for the petitioner submits that in absence of any express provision relating to the applicability of the Limitation Act under Section 9 of the said Act. It would be deemed that the legislature has consciously excluded the applicability of the Limitation Act.

(2.) In the above report the sheet anchor of the dispute relates to the applicability of Section 5 of the Limitation Act in respect of a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955.

(3.) Their Lordships took note of various provisions of West Bengal Reforms Act, 1955 wherein express applicability of the provisions of Section 5 of the Limitation Act was made which did not find place under Section 8 of the said Act and held that the applicability of the Limitation Act was impliedly barred. Their Lordships also took into consideration the provision contained under Section 29 (2) of the Limitation Act providing the applicability of Sections 4 to 24 of the said Act unless expressly excluded by the special or local law.