V.SIVARAMAN NAIR, PAREED PILLAY
V. S. JOSEPH – Appellant
Versus
STATE OF KERALA – Respondent
1. The appeal is against the order of the Forest Tribunal, Kozhikode in IA No. 204 of 1981 in OA 372 of 1981. The petitioner filed IA 204 of 1981 under S.5 of the Limitation Act for condoning the delay on filing the OA. Tribunal dismissed the petition holding that it has no jurisdiction to condone the delay.
2. The only question that arises for consideration is as to whether the Forest Tribunal can condone delay in filing applications filed before it. S.5 of the Limitation Act provides for extension of prescribed period in appeals or applications before the Court if the applicant satisfied the Court that he bad sufficient cause for not preferring the appeal or making the application within the period specified. Counsel for the appellants contends that S. S of the Limitation Act can be made applicable to proceedings before the Forest Tribunal as there is no express exclusion of the Limitation Act under Act 26 of 1971. Such a contention is rot tenable as S.5 of the Limitation Act applies only to courts. In Athani Municipality v. Labour Court, Hugh, (AIR 1969 SC 1335) the Supreme Court held as follows:
"We are unable to find any provision in the new Limitation Act which woul
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