LAHIRI, J.:- This is an application u/s.5 of the Indian Limitation Act, 1963, for short "the Act". Based on the following premises, Mr. B.K. Das, learned counsel has propounded that S.5 of "the Act" is not applicable in writ appeals filed under Rule 2 of the Gauhati High Court Rules and the application merits summary rejection :-

(I) The set of Rules framed by the High Court and styled as "The Rules of the Gauhati High Court", for short "the Rules", is not a law as it has not been made by the Legislature:

(II) Assuming that it is a "Law" it does not fall within the ambit of "special law" referred in S.29 (2) of the Limitation Act, 1963;

(III) Rule 2 of "the Rules" has not Only created the right of writ appeal against the decision of a single Judge but it has also prescribed the period of limitation as 30 days which is the same as prescribed in Art.117 of "the Act" for appeals to the High Court from the same Court. Therefore, R.2 does not prescribe a period of limitation different from the period prescribed by the Schedule of "the Act". As such, S.29 (2) forbids application of Sections 4 to 24 of "the Act" - these are applicable only when a special law prescribes a period of l