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1965 Supreme(AP) 22

A.GOPAL RAO, BASI REDDY
Pingali Sivakumar – Appellant
Versus
Doli Sivaiah – Respondent


BASI REDDY, J.

( 1 ) THE question raised here is, whether Section 5 of the Indian Limitation Act -- 36 of 1963 -- which has come into force on 1-1-1964 -- applies to the present revision petition, which was filed on 1-1-1964, on which date the period of limitation, namely, sixty days prescribed for such revisions under Section 93 of the Hyderabad Tenancy and Agricultural Lands Act, had expired. It has been well settled by a series of decisions of this Court that Section 5 of the old Limitation Act of 1908 had no application to appeals or revisions filed under the Hyderabad Tenancy and Agricultural Lands Act. Since the period of limitation had expired by the date on which the present revision was filed, obviously the delay in filing the revision, could not have been condoned under the old Limitation Act.

( 2 ) BUT the contention of the learned Advocate for the petitioners is that Section 31 of the new Act, by implication, attracts Section 5 of the Limitation Act even to appeals and revisions filed under Section 93 of the Hyderabad Tenancy and Agricultural Lands Act, because according to the learned Advocate, Clause (a) of Section 31 speaks only of matters with regard to which a peri


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