AIR 1965 RAJASTHAN 38 ::1964 RajLW 517 ::ILR (1964) 14 Raj 990

Rajasthan High Court

Hon'ble Judge(s): I. N. Modi, B. P. Beri , JJ

(A) Limitation Act (9 of 1908) , S.29(2), S.3— Special or local law - Appeal to revenue appellate authority under Rajasthan Tenancy Act - Appeal filed beyond limitation prescribed by S.228 of Rajasthan Act - S.29(2) and S.3 apply - Appeal liable to be dismissed though limitation not set up as defence. The Rajasthan Tenancy Act (3 of 1955) is a special Act. The Act prescribes limitation for various proceedings including appeals under the Act, different from that provided in the Limitation Act. Section 29(2) of the Limitation Act, therefore, applies to an appeal filed under the Tenancy Act and by virtue of the. deeming provision contained in that section it must further follow as if such period was prescribed in the first Sch. of the Limitation Act itself. Section 29 also enacts that Section 3 of the Limitation Act would be applicable to such proceedings. It would, therefore, be incorrect to say that Section 3 of the Limitation Act does not apply to appeals under the Rajasthan Tenancy Act. Hence, where an appeal to the revenue appellate authority is filed beyond the period prescribed by Section 228 of the Rajasthan Tenancy Act it must be dismissed even if no objection, as regards limitation is taken before the Court in view of the mandatory provisions of S. 3 of the Limitation Act.(Para 5 6) ....