DECD NARAYANDAS Vs. GOPALDAS

JUDGEMENT

(1.) Heard on the following question :-

(2.) There is a delay of 34 days in filing the present revision, therefore, applicant has filed I.A. No.6730/2014 for condonation of delay under Section 5 of the Limitation Act. Opposing the I.A., learned counsel for the respondent has raised an issue that the M.P. Accommodation Control Act (for short "the Act") is a self-contained code and though Section 23-E of the Act provides for the limitation for filing the revision petition but there is no provision under the Act for condoning the delay, therefore, the provisions of the Limitation Act has no application and delay cannot be condoned by invoking Section 5 of the Limitation Act. Having heard the learned counsel for the parties and on the perusal of the record, it is noticed that the M.P. Accommodation Control Act, 1961 is a special and local act relating to regulation and control of eviction of tenants and the matters connected and incidental thereto. Section 23-E of the Act provides for remedy of filing the Revision before the High Court against the order passed by the Rent Controlling Authority. The proviso to Section 23-E prescribes the limitation for filing the Revision. Section 23-E reads as under:-

(3.) There is no provision under the Act to condone the delay in filing the revision petition. Section 5 of the Limitation Act is a general provision for extension of period of limitation in appeal or application, except an application under Order 21 of the CPC, on satisfying the Court about sufficient cause for not preferring appeal or application within the prescribed period. Section 29 of the Limitation Act is the saving clause and sub-section 2 of Section 29 provides for application of Section 4 to 24 of the Limitation Act to limitation prescribed in special or local law for any suit, appeal or application different from the one prescribed in the Schedule to the Limitation Act. Section 29(2) reads as under :-