CHAGLA, C.J. :- This civil application raises a very interesting question of the law of limitation. An order fixing the compensation was passed by a special officer under S.8(1), Bombay Land Requisition Act, 1948. This was done on 28-12-1950. Sub-section (3) of S.8 provides that an appeal shall lie against the decision of that officer, and in this case the appeal lay to this Court. The appeal in fact was preferred on 28-2-1951. Section 8(3) provides that such appeal shall be made within a period of 60 days from the date of the decision. The appeal was out of time by two days. The petitioners applied that delay should be condoned under S.5, Limitation Act, as they had sufficient cause for the delay, and the question that arises for our determination is whether S.5 applies to an appeal provided under the Land Requisition Act.

2. What calls for our interpretation in the first instance is S.29(2), Limitation Act. The section assumed its present form in 1922. Before that amendment there was considerable conflict between the different High Courts as to the true interpretation of this sub-section, and in order to resolve the conflict the Legislature amended the sub-section in 1922