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1919 Supreme(Mad) 140

A.RAHIM, OLDFIELD
The Deputy Collector Of Madura – Appellant
Versus
Ramasami Pillai – Respondent


JUDGMENT

Abdur Rahim, J.

1. This is an appeal from an award of the District Judge of Madura in certain land acquisition proceedings and the preliminary question is whether Article 156 of the Limitation Act applies. The court-fees were paid on the memorandum of appeal 1 year and 149 days out of time, and if Article 156 applies the appeal would be barred. The question is of first impression and cannot be said to be quite free from difficulty. The Land Acquisition Act gives a right of appeal by Section 54, which lays down:

Subject to the provisions of the Coda of Civil Procedure applicable to appeals from original decrees, an appeal shall lie to the High Court from the award or from any part of the award of the Court in any proceedings under this Act.

2. There is no special period of limitation provided for in the Land Acquisition Act, nor is there any allusion, unless it be by implication of this very section, to the Limitation Act. Article 156 of the Limitation Act provides a period of 90 days for "appeal under the Code of Civil Procedure, 1908, to a High Court, except in the cases provided for by Article 151 and Article 153," the time to run from "the date of decree or order appealed f






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