Section 5 of the Limitation Act does not apply to an application filed under Section 8 of the West Bengal Land Reforms Act.

Basudeva Panigrahi, J.: The unsuccessful respondent/opposite party in Misc. Appeal No. 138 of 91, in the 4th Court of Additional District Judge, Midnapore being aggrieved by the Judgment and Order dated 18.2.93 has preferred this revisional application.

2. Respondent/opposite party filed an application under s. 8 of the West Bengal Land Reforms Act, claiming pre-emption of the disputed properties under s. 8 of the West Bengal Land Reforms Act. It is averred in the application that Judhisthir Jana and Manik Ch. Jana who was the erstwhile owners of plot No. 2003 in Khatian 271 Mouza Uttardaudpur sold the land under the strength of a registered sale deed on 16.6.83 to the revision petition. Opposite party claiming contiguous owner to the disputed plot No. 2003 filed an application claiming preemption right. It is stated in the application that he is the owner of -plots 2002, 2004 and 2011 which are in the same vicinity. The opposite party had no knowledge of such sale deed executed in favour of revision petitioner. Immediately after he had came to know about the transaction obtaining the certified copy of the deed on 17th March, 1986, filed an application for pre-emption on the ground of vicinage.

3. The revision petitioner in his objection disputed the fact of the opposite party, inter alia, stated that the application was barred by limitation. Kanailal Jana, the father of the opposite party was the Bargadar of the disputed plot who purchased the land in the name of the petitioner and that therefore the pre-emption case is not maintainable.

4. Learned Munsif, on a serious cogitation of the matter held the application to have been barred by limitation and also noticed that the opposite party cannot maintain the application claiming pre-emption right, since the same was sold to Bargadar family. Being affected by order of dismissal recorded against the opposite party/respondent he preferred an appeal before the District Judge, Midnapore which was eventually transferred to the 4th Court of Additional District Judge, Midnapore who inter alia having disagreed with the observation of the learned Trial Court set aside the findings and remanded it to the Trial Court with direction to hear the present pre-emption case afresh in the light observation made by the appellate Court. It has been further held that the application filed under s. 5 of the Limitation Act for condoning the delay in filing the pre-emption case should be allowed. The revision petitioner being critical about the findings has approached this Court by invoking the jurisdiction under s. 115 CPC.

4a. Mr. Ashoke Sengupta, the learned counsel appearing for the revision petitioner, has taken a serious stand that the petitioner who is the purchaser of the disputed land belonged to the erstwhile Bargadar family. The revision petitioner being a Bargadar gets precedence over the claim of others. He further took an inexorable plea that the learned appellate court has committed serious illegality in stretching the application of provision of s. 5 of the Limitation Act. It is argued that the application being filed under a special statute, unless such the legislature authorises the Court to apply the provision of s. 5 of the Limitation Act the Court should have invoked its power and condone delay. It is further highlighted that the provision, of Benami Transaction (Prohibition) Act has hardly any application to this case. Thus, the appellate court without seriously considering the petitioner's case hastily arrived at the conclusion that the delay should be condoned by applying s. 5 of the Limitation Act.

5. Mr. Asit Roy, the learned counsel appearing for the respondent/opposite party has however, supported the judgment of the appellant court and contended that this court while exercising revisional jurisdiction should be wary and circumspect while disturbing the finding of the appellate court. This Court cannot exercise its revisional jurisdiction regardless of any situation, th