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1992 Supreme(SC) 139

K.RAMASWAMY, N.M.KASLIWAL
Shantilal M. Bhayani – Appellant
Versus
Shanti Bai – Respondent


( 1 ). The only question to be considered in this appeal is whether the provisions of Section 5 of the Limitation Act, 1963 can be made applicable to an appeal filed before the appellate authority functioning under Tamil Nadu Buildings (Lease and Rent Control) Act, 1960 (hereinafter referred to as the Act ). The appellant having lost the case before the small causes court, filed an appeal before the appellate authority. The appeal was barred by limitation by 12days. The appellant, as such, filed an application under Section 5 of the Limitation Act for condoning the delay. The appellate authority took the view that provisions of Section 5 of the Limitation Act are not applicable in the case as the appellate authority was not a court but only persona designata and as such dismissed the petition for excusing the delay. A revision filed against the said order was dismissed by the High court. Learned counsel for the appellant submitted that under the provisions of Section 23 of the Act, an appeal can be filed within 15 days from the date of an order passed by the Controller. There is no provision under the Act excluding the provisions of the Limitation Act and as such the High court was




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