9911796707
TMI Blog1969 (3) TMI 96X X X X Extracts X X X X X X X X Extracts X X X X ..... nors and that the appellant No. 1 attained majority on 21st July 1965 and, therefore, he filed the claim petition within two months of the date of attainment of majority. On these grounds, the appellants prayed for condonation of delay. The learned Judge of the Claims Tribunal framed two preliminary issues, namely:-- "1. Whether the applicant No. 1 attained the age of majority on 21-7-1965? If so, whether the applicants were prevented by sufficient cause from making the application in time?" In regard to the first issue, the learned Judge found in favour of the appellants. Regarding the other issue he came to the conclusion that Section 6 of the Limitation Act. 1963, would not apply to the proceedings before him and, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ained in Sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law." This provision makes it clear that to all proceedings under any special or local law. so long as the operation of the Limitation Act is not specifically excluded. Sections 4 to 24 of the Limitation Act would apply. Sub-section (1) of Section 6 of the Limitation Act provides that:-- "(1) Where a person entitled to institute a suit or make an application for the execution of a decree is, at the time from which the prescribed period is to be reckoned, a minor or insane, or an idiot, he may institute the suit or make the application within the same period after the disability ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a Division Bench of this Court observed-- "But we have to consider the effect of Section 29 of the said Act. Sub-section (2) of that section provides that where any special or local law prescribes for anv suit, appeal or application, a period of limitation different from the period prescribed by the Schedule, the provisions of Section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in Sections 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which they are not expressly excluded by such special or local law. Therefore, the oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the claim is not in respect of a dispute ordinarily triable in a Civil Court, would prima facie not be regarded as falling within Section 86, Civil P. C." A claim petition under Section 110-A of the Motor Vehicles Act may not technically be described as a plaint. But it is a petition which for all material purposes is like a plaint and it pertains to a dispute ordinarily triable in a civil Court. As observed by the Bombay High Court in 1966 ACJ 37 (Bom) (supra), the word 'suit' is capable of having a very wide connotation and may include any legal proceedings commenced by one person against another in order to enforce a civil right. In this context also, it cannot be disputed that an application under Section 110-A of the Moto ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
