ORDER : This is an application under Section 5 of the Limitation Act. It prays that the delay in filing the petition for Special leave to appeal under S. 417(3), Cr. P.C. be condoned.

2. Learned counsel for the opposite parties has contended that S. 5 of the Limitation Act is inapplicable to a petition for leave under S. 417(3), Cr. P.C. and as such the application is not maintainable.

3. Under the Limitation Act of 1908 there was a difference of opinion in the various High Courts as to the interpretation of S. 29(2) of that Limitation Act. Some High Courts including the majority of a Full Bench of this High Court took the view that the Criminal Procedure Code was not a local or special law within the meaning of S. 29 of the Limitation Act. Other High Courts held to the contrary. The Supreme Court in Kaushalya Rani v. Gopal Singh, AIR 1964 SC 260, settled the controversy and held that S. 417(3) and (4) of the Criminal Procedure Code was a special law and that S. 29(2) did apply to petitions for leave to appeal under S. 417(3), Cr. P.C. The provisions of S. 29 of the new Limitation Act No. 36 of 1963, are, from this point of view similar to the corresponding provisions of the earlier

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