CAPSTAN METER INDIA LTD Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE short point arising for decision in this revision application is whether the petitioner is entitled to exclude the time taken for obtaining copy of the award for reckoning the limitation for making an application for reference under sec. 18 of the Rajasthan Land Acquisition Act, 1953.

(2.) THE contention of the learned counsel for the petitioner is that by virtue of sec. 29 of Indian Limitation Act is not excluded in the present case. It has been argued that the limitations for making such an application is prescribed by a special law namely the Rajasthan Land Acquisition Act, 1953 (hereinafter called the Act) and this period of limitation as prescribed in the Act is different from the period prescribed by the Schdl. to the Limitation Act. THE second branch of the argument of the learned counsel is that even though there is no specific provision for such an application u/s. 12 of the Limitation Act the case would still fall u/s. 12 (2) of the said Act. THE argument proceeds that an application for making a reference u/s. 18 of the Limitation Act would fall within the ambit of the word 'appeal' or 'review'. In support of his contention learned counsel has relied upon Burjorjee vs. Spl. Collector, Rangoon (l), Nagendra Nath vs. Suresh (2), Raja Kulkarni vs. State of Bombay (3), Shankar vs. Krishna (4), Parduman Singh vs. State of Punjab (5), Chappan vs. Moidin Kutti (6) and Vidya Charan vs. Khub Chand.