- (1.) THE question that has been referred by my Lord, the Chief Justice, for our decision is in the following terms :- "is an applicant entitled to exclude the period taken in obtaining a copy of the award while computing the period of limitation laid down under sub-s (2) of S. 18 of the Land Acquisition Act ?"
(2.) IT was contended by Mr. Anand Saroop, learned counsel, that the petitioner was entitled to claim exclusion of time taken for obtaining the copy of the award. Reliance in support of his contention was placed on the two provisions of the indian Limitation Act (hereinafter referred to as the Limitation Act), viz. , subsection (2) of S. 12 and S. 29, in addition to the judicial pronouncements of different High Courts. On the other hand it was contended by Mr. Mittal, learned counsel for the respondent that the scope of sub-section (2) of S. 12 of the limitation Act was limited and that Section 29 could not in turn extend or enlarge its scope so as to include even an application of reference to be made under section 18 of the Land Acquisition Act (hereinafter referred to as the Act ).
(3.) AFTER giving my thoughtful consideration to the entire matter, I find myself unable to agree with the contention of the learned counsel for the petitioner. The relevant provisions of the Limitation Act are in the following terms :- "12. (1) In computing the period of limitation for any suit, appeal or application, the day from which such period is to be reckoned, shall be excluded. (2) In computing the period of limitation for an appeal or application for leave to appeal or for revision or for review of a judgment, the day on which the judgment complained of was pronounced and the time requisite for obtaining a copy appealed from or sought to be revised or reviewed shall be excluded. (3) Where a decree or order is appealed from or sought to be revised or reviewed, or where an application is made for leave to appeal from a decree or order, the time requisite for obtaining a copy of the judgment on which the decree or order is founded shall also be excluded. (4) In computing the period of limitation for an application to set aside an award the time requisite for obtaining a copy of the award shall be excluded. Explanation--In computing under this section the time requisite for obtaining a copy of a decree or an order, any time taken by the Court to prepare the decree or order before an application for a copy thereof is made shall not be excluded". "29 (2) Where any special or local law prescribed for any 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 Ss. 4 to 24 (inclusive) shall apply only in so far as, an to the extent to which, they are not expressly excluded by such special or local law. ";