AIR 1960 MADRAS 142 ::1972 MadLW 595 ::(1959) 2 MadLJ391 ::ILR (1959) Mad 1030

Madras High Court

Hon'ble Judge(s): P. V. Rajamannar , C.J. AND Ganapatia Pillai , J

Limitation Act (9 of 1908) , S.5— Application by Government u/S.4(2)(b) of Madras Act 30 of 1956 - Delay cannot be condoned. Madras Estates (Supplementary) Act (30 of 1956) , S.4, S.7— An application by the State of Madras, filed u/S.4(2)(b) of Madras Act XXX of 1956 to set aside the decision of the Estates Abolition Tribunal filed beyond the prescribed period of one year from the date, the Act XXX of 1956 came into force is not an appeal or application for review of judgment or for leave to appeal. Nor does Madras Act XXX of 1956 make S. 5 of the Limitation Act applicable to applications under S. 4 of that Act. Therefore, S. 5 of the Limitation Act, cannot be invoked to save the application from the bar of time.(Para 1 2) Anno : AIR Com. Lim. Act, S. 5 N. 2.