Home Case Index All Cases Indian Laws Indian Laws + SC Indian Laws - 1985 (7) TMI SC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
1985 (7) TMI 347 - SC - Indian LawsWhether the provisions of section 5 of the Limitation Act, 1963 can be invoked for condoning the delay in the filing of an appeal before the Collector under section 90 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 - Act 21 of 1950? Held that:- The provisions relating to computation of the period of limitation are contained in sections 12 to 24 included in Part III of the Limitation Act, 1963. Section 5 is not a provision dealing with computation of the period of limitation. It is only after the process of computation is completed and it is found that an appeal or application has been filed after the expiry of the prescribed period that the question of extension of the period under section 5 can arise. We are, therefore, in complete agreement with the view that section 93 of the Act did not have the effect of rendering the provision of section 5 of the Limitation Act, 1963 applicable to the proceedings before the Collector. Appeal dismissed.
|