G.K.SHARMA, D.X.MEHTA, S.N.BHARGAVA
Vishandas – Appellant
Versus
Savitri Devi – Respondent
"(1) Whether the provisions of Sec. 5 of the Limitation Act can be applied in the matter of depositing of rent u/s 13 (4) of the Act, 1950?
(2) Whether the court has no power even in the interest of justice and equity, to extend time beyond the limit prescribed u/s 13(4) of the Act?
(3) Whether Sec. 13(5) of the Act is directory?"
2. Learned counsel for the petitioner has submitted that a Division Bench of this Court in Gopal Das V. Nathu Lal (1) held that the Act is a special law and does not expressly exclude provisions of the Limitation Act. As Sec. 5 of the Limitation Act has not been expressly excluded under the provisions of the Act, Sec. 5 of the Limitation Act would be applicable for application filed u/s 13-A(b) in view of the Sec. 29(2) of the Limitation Act. This authority was not brought to the notice of another division bench which decided the case Kriparam Ganeshi Lal V. Vijay Kumar Goyal (2) wherein the division bench held that the court had no pow
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