2004 (3) TMI 743 - SC - Indian Laws

Whether Section 5 of the Limitation Act is applicable to an application made under Section 8 of the Act having regard to Section 29(2) of the Limitation Act?

Summary

Issues Involved:
1. Applicability of Section 5 of the Limitation Act, 1963 to applications made under Section 8 of the West Bengal Land Reforms Act, 1955.
2. Whether the proceedings initiated under Section 8 of the West Bengal Land Reforms Act, 1955 are to be construed as a "suit" for the purpose of the Limitation Act.
3. The period of limitation for filing an application under Section 8 of the West Bengal Land Reforms Act, 1955.

Detailed Analysis:

1. Applicability of Section 5 of the Limitation Act, 1963 to Applications under Section 8 of the West Bengal Land Reforms Act, 1955

The primary issue in both appeals was whether Section 5 of the Limitation Act, 1963, which allows for the condonation of delay, applies to applications made under Section 8 of the West Bengal Land Reforms Act, 1955. The court held that Section 5 of the Limitation Act does not apply to such applications. The judgment emphasized that the West Bengal Land Reforms Act is a self-contained code concerning pre-emption rights, providing specific periods of limitation without any provision for the extension of time or the application of Section 5 of the Limitation Act. The court stated, "The right conferred under Section 8 is a statutory right. Even otherwise, in our view, the position as regards to applicability of Section 5 of the Limitation Act to an application under Section 8 of the Act does not get altered."

2. Whether the Proceedings Initiated under Section 8 are to be Construed as a "Suit" for the Purpose of the Limitation Act

The court examined whether the proceedings under Section 8 should be considered as a "suit" under the Limitation Act. The judgment noted that the terms "application" and "suit" are defined in Section 2(b) and 2(l) of the Limitation Act, respectively. The court concluded that proceedings initiated by an application under Section 8 are in the nature of a suit for the purpose of the Limitation Act. The court referenced the Division Bench of the Calcutta High Court in Serish Maji vs. Nishit Kumar Dolui, which held that a proceeding initiated by an application under Section 8 is to be construed as a "suit."

3. The Period of Limitation for Filing an Application under Section 8 of the West Bengal Land Reforms Act, 1955

The court reiterated that Section 8 of the West Bengal Land Reforms Act prescribes a specific period of limitation for filing an application for pre-emption, which is three or four months, depending on the category of the applicant. The court stated, "Section 8 of the Act prescribes definite period of limitation of three months or four months, as the case may be, for initiating proceedings for enforcement of right of pre-emption by different categories of people with no provision made for extension or application of Section 5 of the Limitation Act." The judgment emphasized that the legislature's conscious exclusion of the application of Section 5 of the Limitation Act to proceedings under Section 8 indicates that the period of limitation prescribed under Section 8 governs such applications.

Conclusion

The court concluded that Section 5 of the Limitation Act does not apply to applications made under Section 8 of the West Bengal Land Reforms Act, 1955. Consequently, applications for pre-emption rights must be filed strictly within the prescribed period of three or four months without any provision for condonation of delay. The court set aside the impugned order in Civil Appeal No. 4688 of 1998 and dismissed the application made by the respondent under Section 8 of the Act. Civil Appeal No. 444 of 2000 was dismissed, affirming that the application was barred by limitation.