ABDULLAH HOSSEIN CHOWDHURY Vs. ADMINISTRATOR-GENERAL

JUDGEMENT

(1.) What is the history of Article 179 of the Limitation Act of 1908?]

(2.) The provision originally appeared in the Privy Council Appeals Act (VI of 1874): Section 8 was as follows: "Such application must ordinarily be made within six months from the date of such decree. But if that period expires when the Court is closed, the application may be made on the day that the Court re-opens." This Act was repealed by the Code (Act X of 1877): bat Section 599 of the Code of 1877 reproduced that provision verbatim. Section 599 was repealed by the Limitation Act (XV of 1877), but the same period of limitation namely, six months from the date of the decree appealed against, is prescribed by Article 177 of the Limitation Act of 1877-and the same period is prescribed by Art 179 of the Limitation Act 4 of 1908. It is to be observed if Section 12 of the Limitation Act of 1908 be ultra vires, so mast Section 8 of the Privy Councils Act of 1874 have been ultra vires. I rely on Eastern Mortgage & Agency Co., Ld. v. Purna Chandra Sarbagna (1912) I. L. K. 39 Calc. 510. which was a decision under Section 12 of the Limitation-Act of 1908. Although the point involved in the present application was raised in argument in Gajadhur Pershad v. The Widows of Emam AH Beg (1875) 15 B. L. R. 221 no decision was come to. The case turned on a question of irregularity. The other authorities cited by the opposite party were decisions under the Limitation Act of 1877 and hence inapplicable.

(3.) Mr. Chakravarti, in reply. Cur. adv. vull. Jrnkins, C. J.