- (1.) THIS is a revision against the order of the Collector, Alwar dated 21. 1. 61, by which he has ordered the restoration of the appeal dismissed by him in default.
(2.) THE facts relevant to the disposal of this revision are that the learned Collector, Alwar, in whose court an appeal had been filed by the respondent, dismissed the same on 18. 7. 50. THE application for the restoration of the said appeal was filed a day later than the period of 30 days prescribed for the presentation of such application for restoration. THE learned Collector condoned this delay and restored the appeal. It is against this order that this revision has been filed in this court. THE only point urged before us by the learned counsel for the applicant was that as sec. 5 of the limitation Act has not been made applicable to application under Or. 41 R. 19 C. P. C. the learned Collector was not competent to condone this delay. It is regretted that as no one was present on behalf of the non-applicant, we could not have the advantage of hearing him. Sec. 5 of the Indian Limitation Act applies to appeals or applications for review of judgments or for leave to appeal or any other application to which this section may be made applicable by any enactment. The present case is governed by the Rajasthan Land Revenue Act. The Rajasthan High Court in Misra Vs. Rajasthan Board of Revenue cited as 1959 RLW 290 observed that sec. 214 of the Rajasthan Tenancy Act makes sec. 5 of the Indian Limitation Act applicable as it stands. It does not make sec. 5 applicable to all applications to which this section has not been specially applied by any enactment. Consequently the provisions of sec. 5 Limitation Act cannot apply to an application under Or. 41 R. 19 C. P. C. in proceedings under the Rajasthan Tenancy Act. The corresponding provisions in the Land Revenue Act to sec. 214 of the Rajasthan Tenancy Act are contained in sec. 87 which reads as under. "the provision of the Indian Limitation Act 1908 (Central Act IX of 1908) shall apply to all appeals and applications for review. " So far as the application of Limitation Act is concerned, this section is more or less analogous to sec. 214 (iii) of the Rajasthan Tenancy Act. We therefore think that though the provisions of sec. 87 of the Land Revenue Act make sec. 5 of the Limitation Act applicable as it stands, it does not make the provisions of sec. 5 applicable to an application for restoration under sec. 65 (2) of the Act in proceedings under the Rajasthan Land Revenue Act. The Collector in our opinion had therefore no jurisdiction to extend the period of Limitation u/s 5 and as there was no other section empowering him to do so, this order extending this period was without jurisdiction. We have therefore no other option but to set it aside. The revision is therefore accepted, and it is ordered accordingly. .;