AIR 1977 SUPREME COURT 282 ::1977 U J (SC) 16 ::1976 4 SCC 634 ::1976 Ker LT 810 ::1977 (1) SCJ 432 ::1977 (1) SCWR 256 ::1977 (1) SCR 996 ::ILR 1976 Kant 1705

Supreme Court Of India

(From : Kerala)*

Hon'ble Judge(s): A. N. Ray, M. H. Beg, P. N. Shinghal , JJJ

Limitation Act (36 of 1963) , Art.137— Applicability - Applies to any petition or application filed under any Act - petition under Section 16(3) of Telegraph Act claiming enhanced compensation falls within scope of Art. 137. Telegraph Act (13 of 1885) , S.16(3)— AIR 1969 SC 1335 and AIR 1974 Ker 202, Overruled.C.R.P. No. 302 of 1974, D/- 3-6-1974 (Ker), Reversed. The alteration of the plications in specified cases and other application as in the 1963 Limitation Act. The words "any other application" under Article 137 cannot be said on the principle of ejusdem generis to be applications under the Civil Procedure Code other than those mentioned in Part I of the third division. Any other application under Article 137 would be petition or any application under any Act. But it has to be an application to a Court for the reason that Sections 4 and 5 of the 1963 Limitation Act speak of expiry of prescribed period when Court is closed and extension of prescribed period if applicant or the appellant satisfies the Court that he had sufficient cause for not preferring the appeal or making the application during such period. Art. 137 will apply to any petition or application filed under any Act to a Civil Court. It is not confined to applications contemplated by or under the Code of Civil Procedure. Where by statutes, matters are referred f....