The main legal point established in the judgment is that the Limitation Act does not apply to the Laccadive Islands, and the Law of Limitation applicable to them must be looked for in Regulation I of 1912.

Devadoss, J.

1. This is an application by the appellant to excuse the delay of 182 days in presenting S.R. No. 1604 of 1924 (Civil Miscellaneous Appeal,) against the order of the Inspecting Officer of the Laccadives in Case No. 6 of 1923 of Agathi Island.

2. Mr. Padmanabha Pillai for the appellant contends that Section 5 of the Limitation Act applies to the case and the Court is entitled to consider the application on the merits Mr. Pocker for the respondents contends that the Limitation Act has not been extended to the Laccadive Islands.

3. The history of the Laccadive Islands is an interesting one. We are at present concerned with the four islands which are known as the southern group of islands and the Island of Minicoy which, are administered by the Collector of Malabar. It is-unnecessary to consider the history previous to the year 1792. A few passages from " A Short Account of the Laccadive Islands and Minicoy" by R.H. Hills, I.C.S. would be quite sufficient for the pupose of this case.

In 1791 the Southern Islands passed, by the conquest of Cannanore, to the East India Co, along with other possessions of the Bibi ; and were further ceded with Tippus entire possession in Malabar by the peace of Seringapatam, in 1792." It was determined, however, as a matter of policy and conciliatory of Mappilas in general to permit her to retain her possessions, provided she paid a tribute to the Honourable Company.

4. The East India Company was in possession of the islands from 1792. Owing to the non-payment of the tribute payable by the Bibi, the islands were attached in 1875. This attachment remained in force until 1908. In 1909 the Bibi ceded the islands to the British and she was given a pension. By the cession of the islands to the British Government in 1909 the islands became British possessions and part of India. The following proclamation was issued in 1912.

In exercise of the power conferred by the Indian Councils Act 1861, (24 and 25 Vict. c. 67), Section 47 the Governor-General in Council is pleased to declare that, for the purposes of the said Act, the Laccadive Islands and Minicoy, which by the Proclamation No. 292 I.A., dated the 5th February 1909 have been declared to be subject to the Government of Madras, shall be included within the limits of the Madras Presidency.

5. By virtue of this proclamation, the southern group of the Laecadive Islands and Minicoy became parts of the Madras Presidency, and the High Court of Madras-was invested with jurisdiction over the southern group by a Notification dated the 1st February 1912.

In exercise of the power conferred by the Indian High Courts Acts, 1865, (28 and 29 Vict, c. 15), Section 3 the Governor-General in Council is pleased to authorize and empower the High Court of Judicature at Madras to exercise within the Laecadive Islands and Minicoy, which are not included within the limits of the places for which the said High Court was established, all such jurisdiction and powers as the High Court may, from time to time, exercise in the Scheduled Districts of the Presidency of Madras.

6. Though the southern group of the Laccadive Islands and Minicoy have become parts of the Madras Presidency and though the High Court has jurisdiction over them, yet all the Acts of the Governor-General of India have not been extended to them. Regulation I of 1912, Section 3, makes the Madras State Prisoners Regulation of 1819, the State Prisoners Act of 1858 and the Scheduled Districts Act of 1874 the only enactments in force in the Islands. Section 21 is as follows:

All questions relating to any rights claimed or set up in the civil Courts of the Islands shall be determined in accordance with any custom not manifestly unjust or immoral governing the parties or property concerned, and in the absence of any such custom, according to justice, equity and good conscience.

7. Under Section 26 an appeal lies to the High Court from any decision of the Collector in the exercise of his original jurisdiction. U