(1) THIS appeal by special leave arises from the order of the Judicial Commissioner Goa, Daman and Diu dated 28/4/1978. The Judicial Commissioner by the said order dismissed the appeal on two grounds namely the appeal was barred by limitation and the Vakalatnama had not been filed by counsel for the State. The admitted facts are that a notification was issued under Section 4 of Land Acquisition Act, 1894 (for short the Act) dated 21/1/1965 acquiring the land situated at Bambolim for public purpose, namely, construction of medical college. The Land Acquisition Officer made his award on 30/3/1966. The Code of Civil Procedure and the Arbitration Act were extended to Goa, Daman and Diu on 15/9/1965 and were applied and came into force by a notification dated 24/5/1966. The award of the civil court was made on reference under Section 18 on 1/6/19677. Dissatisfied with the enhanced compensation awarded by the civil court the appellant filed the appeal on 25/8/1967 in the Comarca court which is a civil court under the Act. Thereafter it would appear that there was a procedural difficulty, in which the government pleader appearing for the State was unable to decide under what code