PRAKASH SHRIVASTVA, J.

Heard on the following question :-

1. Whether, delay in filing the revision petition under Section 23-E of the M.P. Accommodation Control Act can be condoned by attracting Section 5 of the Limitation Act?

2. There is a delay of 34 days in filing the present revision, therefore, applicant has filed I.A. No.6730/2014 for condonation of delay under Section 5 of the Limitation Act.

3. Opposing the I.A., learned counsel for the respondent has raised an issue that the M.P. Accommodation Control Act (for short "the Act") is a self-contained code and though Section 23-E of the Act provides for the limitation for filing the revision petition but there is no provision under the Act for condoning the delay, therefore, the provisions of the Limitation Act has no application and delay cannot be condoned by invoking Section 5 of the Limitation Act.

4. Having heard the learned counsel for the parties and on the perusal of the record, it is noticed that the M.P. Accommodation Control Act, 1961 is a special and local act relating to regulation and control of eviction of tenants and the matters connected and incidental thereto. Section 23-E of the Act provides for remedy of filing the Revision before the High Court against the order passed by the Rent Controlling Authority. The proviso to Section 23-E prescribes the limitation for filing the Revision. Section 23-E reads as under:-

23-E. Revision by High Court. - (1) Notwithstanding anything contained in section 31 or section 32, no appeal shall lie from any order passed by the Rent Controlling Authority under this Chapter.

(2) The High Court may, at any time "suo motu" or on the application of any person aggrieved, for the purpose of satisfying itself as to the legality, propriety or correctness of any order passed by or as to the regularity of the proceedings of the Rent Controlling Authority, call for and examine the record of the case pending before or disposed of by such Authority and may pass such order in revision in reference thereto as it thinks fit and save as otherwise provided by this section, in disposal of any revision under this section, the High Court shall, as far as may be, exercise the same powers and follow the same procedure as it does for disposal of a revision under section 115 of the Code of Civil Procedure, 1908 (V of 1908) as if any such proceeding of the Rent Controlling Authority is of a Court subordinate to such High Court:

Provided that no powers of revision at the instance of person aggrieved shall be exercised unless an application is presented within ninety days of the date of the order sought to be revised."

5. There is no provision under the Act to condone the delay in filing the revision petition. Section 5 of the Limitation Act is a general provision for extension of period of limitation in appeal or application, except an application under Order 21 of the CPC, on satisfying the Court about sufficient cause for not preferring appeal or application within the prescribed period. Section 29 of the Limitation Act is the saving clause and sub-section 2 of Section 29 provides for application of Section 4 to 24 of the Limitation Act to limitation prescribed in special or local law for any suit, appeal or application different from the one prescribed in the Schedule to the Limitation Act. Section 29(2) reads as under :-

"29. Savings. - (1)

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(2) Where any special or local law prescribes for any suit, appeal or application a period of limitation different from the period prescribed by the Schedule, the provisions of section 3 shall apply as if such period were the period prescribed by the Schedule and for the purpose of determining any period of limitation prescribed for any suit, appeal or application by any special or local law, the provisions contained in section 4 to 24 (inclusive) shall apply only in so far as, and to the extent to which, they are not expressly excluded by such special or local law."

6. A bare reading of Section