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Capstan Meter (India) Ltd. Vs. the State of Rajasthan - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtRajasthan High Court
Decided On
Case NumberCivil Revision No. 190 of 1971
Judge
Reported inAIR1974Raj63; 1973()WLN762
ActsLimitation Act, 1963 - Sections 12 and 12(2); Land Acquisition Act, 1894 - Sections 18
AppellantCapstan Meter (India) Ltd.
RespondentThe State of Rajasthan
Appellant Advocate M.B.L. Bhargava and; A.K. Bhandari, Advs.
Respondent Advocate A.K. Mathur, Dy. Govt. Adv.
DispositionRevision dismissed
Cases ReferredLakshmi Narayan v. State of Rajasthan.
Excerpt:
.....neither be treated as an appeal nor as an application for review of a judgment, then even if section 12 is pressed into service, the petitioner can derive no benefit out of it.;the legislation had no intention to make provision for exclusion of the time requisite for obtaining copy of the award for making an application for reference under section 18 of the act. - - madan mohan asked to amend the form of the appeal but this was refused and in the result the appeal was dismissed, both on the ground of irregularity as well as on merits and the decision was embodied in a decree of the high court......of decisions holding that section 12 of the limitation act does not apply to an application for making reference under section 18 of the act. these authorities are:--air 1927 lah 858 (2) nafis-ud-din v. secy, of state; air 1960 ker 80, kunhibi v. land acquisition officer; ilr (1912) 39 cal 393, hasan mulla v. tasiruddini; (1911) 11 ind. cas 690 collector of akola v. anand rao; air 1932 all 598 kashi prashad v. notified area mahoba; air 1960 bom 499 jankibai v. nagpur improvement trust; air 1966 raj 118 lakshmi narayan v. state of rajasthan.learned counsel for the petitioner, however submitted that the view-point urged by him with respect to the interpretation of the terms 'appeal' and 'review' occurring in section 12(2) of the limitation act was not considered in any of these.....
Judgment:
ORDER

C.M. Lodha, J.

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 Section 18 of the Rajasthan Land Acquisition. Act. 1953.

2. The contention of the learned counsel for the petitioner is that by virtue of Section 29 of the Indian Limitation Act the applicability of Section 12 of the Limitation Act is not excluded in the present case. It has been argued that the limitation 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 Schedule 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 under Section 12 of the Limitation Act the case would still fall under Section 12 (2) of the said Act. The argument proceeds that an application for making a reference under Section 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 v. Special Collector. Rangoon AIR 1926 Rang 135; Nagendra Nath v. Suresh AIR 1932 PC 165, Raja Kulkarni v. State of Bombay, AIR 3954 SC 73, Shankar v. Krishnaji AIR 1970 SC 1 Parduman Singh v. State of Punjab AIR 1958 Punj 63. Chapan v. Moidin Kutti ILR (1899) 22 Mad 68 and Vidyacharan v. Khub Chand. AIR 1964 SC 1099.

3. The solitary authority which held that Section 12 of the Limitation Act is applicable to an application under Section 18 of the Land Acquisition Act and the period taken in obtaining copy of the award will be included for reckoning limitation is AIR 1926 Rang 135. This ruling has been dissented from in a large number of cases of various High Courts and there is a string of decisions holding that Section 12 of the Limitation Act does not apply to an application for making reference under Section 18 of the Act. These authorities are:--

AIR 1927 Lah 858 (2) Nafis-ud-din v. Secy, of State; AIR 1960 Ker 80, Kunhibi v. Land Acquisition Officer; ILR (1912) 39 Cal 393, Hasan Mulla v. Tasiruddini; (1911) 11 Ind. Cas 690 Collector of Akola v. Anand Rao; AIR 1932 All 598 Kashi Prashad v. Notified Area Mahoba; AIR 1960 Bom 499 Jankibai v. Nagpur Improvement Trust; AIR 1966 Raj 118 Lakshmi Narayan v. State of Rajasthan.

Learned counsel for the petitioner, however submitted that the view-point urged by him with respect to the interpretation of the terms 'appeal' and 'review' occurring in Section 12(2) of the Limitation Act was not considered in any of these authorities. He has therefore argued that the view taken by this Court in AIR 1966 Raj 118 requires reconsideration.

4. The argument that an application for reference under Section 18 of the Act falls within the ambit of the term 'appeal' and/or 'review' and therefore Section 12 would be applicable to the present case, is undoubtedly ingenious but in my opinion it is devoid of substance.

In AIR 1932 PC 165 the point for consideration before their Lordships of the Privy Council was whether under Article 182 of the Limitation Act the decree-holder was entitled to exclude the period taken in appeal which was dismissed as an appeal within the meaning of Clause (2) in Col. 3 of the Article. It may be pointed out that one Madan Mohan presented an application to the High Court purporting to be an appeal from the order of the Subordinate Judge alleging that no decree had been drawn up. His objection was only to the decision against him in respect of the assignment and he joined as parties to the appeal only the other decree-holders and not the judgment-debtors. The appeal though irregular in form and not being appeal against the decree of the Subordinate Judge and being insufficiently stamped for this purpose, was yet admitted and heard in due course by the High Court. Madan Mohan asked to amend the form of the appeal but this was refused and in the result the appeal was dismissed, both on the ground of irregularity as well as on merits and the decision was embodied in a decree of the High Court. While considering the effect of this appeal the Privy Council observed that there is no definition of appeal in the Civil Procedure Code, but their Lordships have no doubt that any application by a party to an appellate Court asking it to set aside or revise a decision of a subordinate court, is an appeal within the ordinary acceptation of the term and that it is no less an appeal because it is irregular or incompetent. The observations of their Lordships have to be read with reference to the context and in my opinion they have no application to the facts and circumstances of the present case.

5. In AIR 1958 Punj 63 it was observed that the term 'review' means a Judicial re-examination of the case in certain specified and prescribed circumstances. In my opinion, by no stretch of imagination an application under Section 18 requiring the matter to be referred by the Collector for the determination of the Court can be called a review'.

6. It is apparent that if an application under Section 18 of the Act can neither be treated as an appeal nor as an, application for review of a judgment, then even if Section 12 is pressed into service, the petitioner can derive no benefit out of it. Here, it may be point-out out that Section 12(4) of the Limitation Act kes provision for an application to set aside an award. This shows that the legislation had no intention to make provision for exclusion of the time requisite for obtaining copy of the award for making an application for reference under Section 18 of the Act else it would have made an express provision for it. The view taken in Lakshmi Narayan's case. AIR 1966 Raj 118 therefore does not require reconsideration.

7. This revision application fails and is hereby dismissed, but there will be no order as to costs.


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