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State of Madras Vs. T.S. Venkataswami Naidu, - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai High Court
Decided On
Case NumberS.T.P. No. 11 of 1959 in S.T.A. of 1959
Judge
Reported inAIR1960Mad142
ActsAbolition Act; Indian Limitation Act - Sections 5
AppellantState of Madras
RespondentT.S. Venkataswami Naidu,; Managing Trustee of Sri Krishna Annamudham
Excerpt:
.....application was filed by the state of madras against the decision of the settlement officer under section 4 of the madras estates (supplementary) act (xxx of 1956) beyond the prescribed time mentioned in the section, viz., one year from the date on which the act came into force.; held, the application was not maintainable and the special appellate tribunal had no power to condone the delay in filing the application.; madras act xxx of 1956 does not make section 5 fo the indian limitation act (ix of 1908) applicable to applications under section 4 of the said act and the provisions of section 5 of the indian limitation act cannot be invoked to save the application from the bar of time. - - .....the decision of a settlement officer, lies to the appropriate tribunal, and in other cases to the special appellate tribunal constituted under sec. 7. s. 4(2)(b) provides that such an application shall be dealt with as an appeal under the said section, that is s. 7. s. 7 deals with appeals to the special appellate tribunal from the decision of a tribunal appointed under act xxx of 1956. obviously what is contemplated under sec. 4(2)(b) of the act is that appeals to the special appellate tribunal against tribunals constituted under the abolition act will also be dealt with on the same footing as appeals against tribunals appointed under madras act xxx of 1956, and the same procedure would govern the disposal of the applications filed under s. 4 of act xxx of 1956.(2) the present.....
Judgment:
(1) This arises out of an application by the State of Madras, filed under S. 4(2)(b)of Madras Act XXX of 1956 to set aside the decision of the Estate Abolition Tribunal, Velur, in A. S. No. 79 of 1956, from the decision of the Settlement Officer, No. IV Tiruchirapalli, dated 15-11-1950. The order of the Estates Abolition Tribunal was passed on 15-9-1956. Madras Act XXX of 1956 came into force on 3-8-1957. The application by the State was filed on 6-8-1958. Section 4(1) which confers the right on the Government to file an application to set aside the decision of the Settlement Officer or the Tribunal constituted under the Abolition Act prescribes a period of one year from the date the Act, that is, Act XXX of 1956, came into force.

Such an application, if preferred against the decision of a Settlement Officer, lies to the appropriate Tribunal, and in other cases to the Special Appellate Tribunal constituted under Sec. 7. S. 4(2)(b) provides that such an application shall be dealt with as an appeal under the said section, that is S. 7. S. 7 deals with appeals to the Special Appellate Tribunal from the decision of a Tribunal appointed under Act XXX of 1956. Obviously what is contemplated under Sec. 4(2)(b) of the Act is that appeals to the Special Appellate Tribunal against Tribunals constituted under the Abolition Act will also be dealt with on the same footing as appeals against Tribunals appointed under Madras Act XXX of 1956, and the same procedure would govern the disposal of the applications filed under S. 4 of Act XXX of 1956.

(2) The present application by the State has been filed beyond the prescribed time. There has been a delay of three days. Admittedly there is no specific provision in Madras Act XXX of 1956 itself which confers jurisdiction on the Special Appellate Tribunal to condone any delay in filing the application under Sec. 4 of the Act. Undoubtedly the Special Appellate Tribunal as such has no inherent jurisdiction to excuse the delay in filing an application to it. The learned Government Pleader had therefore perforce to rely o S. 5 of the Indian Limitation Act. That section runs thus:

"Any appeal or application for a review of judgment or for leave to appeal or any other application to which this section may be made applicable by or under any enactment for the time being in force may be admitted after the period of limitation prescribed therefor, when the appellant or applicant satisfies the court that he had sufficient cause for not preferring the appeal or making the application within such period."

The Explanation to this section is not material. Now the present application under S. 4 of Madras Act XXX of 1956 is not an appeal or application for review of judgment or for leave to appeal within the meaning of those expressions in Sec. 5 of the Limitation Act. They are appeals and applications which are governed by the entries in the First Schedule to the Limitation Act and which are based on the provisions of the Civil Procedure Code. There is one other category covered by S. 5, namely "any other application to which this section may be made applicable by or under any enactment for the time being in force." Madras Act XXX of 1956 does not make S. 5 of the Limitation Act applicable to applications under S. 4 of that Act. It follows that the present application does not fall within any of the categories mentioned in S. 5 of the Limitation Act, and, therefore, the provisions of that section cannot be invoked to save the application from the bar of time. We hold that the Special Appellate Tribunal has no power to condone the delay in filing the application. Hence the application is dismissed. No costs.

(3) Application dismissed.


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