KOPPARTHI LINGAYYA Vs. ARAVETI CHINNARAYANA

JUDGEMENT

(1.) The question propounded for our decision is: Whether recourse can be had to the general provisions of Act IX of 1908 in dealing with the admission of petitions and appeals presented after the time prescribed under the provisions of the Provincial Insolvency Act III of 1907 ?

(2.) The obstacle to the application of these general provisions isSection 29 of the same Act which says: Nothing in this Act shall...affect or after any period of limitation specially prescribed for any suit, appeal or application by any special or local law now or hereafter in force in British India.

(3.) The meaning of this section has been considered by a Full Bench of this Court in Abu Backer Sahib v. The Secretary of State for India (1909) I.L.R. 34 M. 505 : 20 M.L.J. 283 and in my opinion that judgment effectively answers the question before us. In place of Section 29 of Act IX of 1908 and the Provincial Insolvency Act, the learned Judges were dealing with Section 6 of Act XV of 1877 (the previous Limitation Act.)