Delay may be condoned by the Court.

T. Sathiadev, J.

1. In C.M.P. No. 2618 of 1983, petitioner prays for condonation of the delay of 128 days in the filing of the revision petition against an order passed by the Appellate Authority constituted under Tamil Act XVIII of 1960.

2. C.M.P. No. 2619 of 1983 is for grant of stay of the proceedings in E.P. No. 144 of 1983 and any other proceedings in H.R.C. No. 3251 of 1974 pending disposal of petition filed in C.M.P. No. 2618 of 1983.

3. Petitioner would state that he could not prefer the revision petition within the time-limit as prescribed under Section 25 (2) of Act XVIII of 1960, due to illness for four months.

4. Respondent herein submits that in view of the special period provided under Section 25 (2) and as Section 5 of Limitation Act, will have no application and the affidavit filed in support of the petition being devoid of any particulars about illness and no proof having been adduced about the truth of the claim that petitioner was ill for four months, this petition deserves to be dismissed.

5. Mr. Govind Swaminathan, learned Counsel for petitioner, submits that when there is no express exclusion of the applicability of the provisions of the Limitation Act, in Act XVIII of 1960 and in the light of the decisions under-mentioned and relied upon by him, Section 5 of Limitation Act would be applicable, when revision petitions are filed in this Court under Section 25 of Act XVIII of 1960.

6. In Humumdev v. Lalit Narain, it was held that, even in a case where the special law does not exclude the provisions of Sections 4 to 24 of the Limitation Act, by an express reference, it would nonetheless be open to the Court to examine whether and to what extent the nature of the provisions -of the special law or the nature of the subject-matter and scheme of the special law, excludes their operation. What the Court has to see is whether the scheme of the special law and the nature of remedy provided therein are such that the Legislature intended, it to be a complete code. If on an examination of the relevant provisions it is clear that the provisions of the Limitation Act are necessarily excluded, then the benefits conferred therein cannot be called in aid to supplement the provisions of the special Act. The point which arose for consideration in that case was whether in respect of an election petition filed under Representation of the People Act, 1951, Section 5 of the Limitation Act could be invoked. It was held, on what has been stated above, that Section 5 of the Limitation Act provides that a suit instituted, appeal preferred, an application made after the prescribed period shall be dismissed and in Section 86 of the Representation of the People Act, it also gives a peremptory command that the High Court shall dismiss an election petition which does not comply with Sections 81, 82 or 117 and Sections 82 and 117 being mandatory, election petition has to be dismissed under Section 86 (1). Hence, when the intention of the Parliament had been thus made clear that there should not be unnecessary delay in the disposal of election petitions, Section 5 of Limitation Act cannot be invoked.

7. When Special Leave to appeal to High Court under Section 417 (3) of the Code of Criminal Procedure was; sought, by filing an application beyond the period of limitation, it was held in Mangu Ram v. Municipal Corporation , that Section 5 of the Limitation Act would be available to the applicant, provided he can show sufficient cause. The contention that the period of 60 days prescribed under Section 417 (4) for making an application for special leave was mandatory and an inexorable time-limit which could not be relieved against or relaxed was repelled; and it was held that the said rule, only prescribes in the special law, a period of limitation, and that as provided under Section 29 (2) of the Limitation Act, there being no express exclusion made in the special law, Section 5 could be invoked.

8. On the question arising as to whether; Section