Article 181, Limitation Act does not apply to proceedings under Section 37a (8) of the Agricultural Debtors Act, as the presentation of an award under Section 37a (8) cannot be regarded as an application within the meaning of Article 181, Limitation Act.

( 1 ) THIS rule which was obtained by the judgment-debtors arises out of proceedings-under e. 37a, Bengal Agricultural Debtors Act, 1935, hereinafter called the Act,

( 2 ) IN execution of a decree for arrears of rent obtained by opposite party No. 1, the latter auction-purchased the disputed property on 16-5-1939.

( 3 ) AFTER the enactment of Act II B. C. of 1942' which added Section 37a to the Act, the petitioners initiated proceedings under the section before the Debt Settlement Board, Tamluk.

( 4 ) ON 28-10-1945, the Board made an award under Section 37a (5) of the Act. The award recites that as the applicants, the decree-holders, the landlords and the mortgagees have failed to come to an amicable settlement, the Board has determined the debt under Section 37a (5 ). The award was drawn up in Form No. 19 (B), Schedule (ka) of the award gave a description of the debtors, Schedule (kha) (1) that of the decree-holders, Schedule (kha) (2) that of the mortgagees which was blank in the present case, Schedule (ca) gave particulars of the decree, Schedule (Gha) particulars of that debts of the debtors, Schedule (una) a description of the properties to be restored to the possession of the debtors.

( 5 ) SCHEDULE (Gha) stated that the decretal dues of the opposite party No. 1, (decree-holder and auction-purchaser) amounted to Rs. 1,595-5-6 pies only, that the annual income of the property sold was Rs. 511 and that the opposite party No. 1 had realised Rs. 3,066 and nothing was due to the opposite party No. 1.

( 6 ) THE award was presented for registration on 2-3-1946, and was registered on 13-3-1946.

( 7 ) IT' appears that on 15-6-1948, the records were put up before the Special Officer, D. C. Tamluk. The Officer recorded the following order on that date:"the records were found after the investment of powers under Section 7. On an examination of the records it appears that the previous Board has disposed of the case and made an award. It appears that the award has not been registered and that the time for registration has expired. In these circumstances, this case is disposed of on maintaining the award of the Board. The parties may be informed and the records may be sent to the Record Room after proper classification. "

( 8 ) ON 17-1-1950, the petitioners presented a copy of the award to the First Court of the Munsif, Tamluk, for relief under Section 37a (8) of the Act. The opposite party No. 1 contested the prayer on the ground of limitation. The learned Munsif gave effect to the objection raised by the opposite party No. 1 and refused the prayer of the petitioner on the ground of limitation. The petitioners preferred an appeal before the District Judge who affirmed the decision of the Munsif. The learned District Judge while dismissing the appeal expressed a doubt about the competency of the appeal.

( 9 ) MR. Jana, learned Advocate for the petitioner, raised three points : (1) Article 181, Limitation Act did not apply and there was no limitation for obtaining relief under Section 37a (B) of the Act; (2) Even assuming that Article 181, Limitation Act was applicable, the proceedings under Section 37a of the Act were pending till 15-6-1948, and Section 52 of the Act extended the period from 28-10-1945, till 15-6-1948, and the prayer for relief under Section 37a (8) of the Act was consequently saved from the bar of limitation, and, (3) Assuming that Art, 181, Limitation Act applied, time did not begin to run till 15-6-1948, when the final order was made in the proceedings under Section 37a of the Act.

( 10 ) I shall take up the above points in the order mentioned above. The main question for consideration is whether Article 181, Limitation Act applies to a proceeding for relief under Section 37a of the Act. The first question is whether the Indian Limitation Act is at all applicable to proceedings under the Bengal Agricultural Debtors Act. Section 29, Limitation Act makes that Act applicable to proceedings under o