1. The revision petitioner is the plaintiff in the un-numbered plaint in O.S. on the file of the Sub-Court, Salem and the petitioner in I.A.No. 471 of 1994 in that un-numbered suit. The respondents are the defendants in the said un-numbered suit and the respondents in that application. That un-numbered suit was filed under section 70 of the Tamil Nadu Hindu Religious and Charitable Endowments Act 1959 as amended by Act 39 of 1996, hereinafter referred to as the Endowments Act, against the order of the Commissioner of HR & CE, Madras passed under section 69 of the Endowments Act. Under Section 70(1 )(ii) of the Endowments Act, the time prescribed for filing the suit is fixed as within 90 days from the date of the receipt of such order. On the date when the suit was filed before the Sub-Court, Salem since the 90 days period had expired, an application under section 5 of the Limitation Act bearing I.A.No.471 of 1994 came to be filed with a request to condone the delay of 131 days in filing the said suit. That application was dismissed holding that the Court has no power to condone as the Limitation Act is not applicable. Hence the present revision before this Court.

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