Law: Displaced Persons (Compensation and Rehabilitation) Act (XXVIII of 1958)

Section: 19

Law: Displaced Persons Land Settlement Act, 1959

Section: r.8

Law: Limitation Act (IX of 1908)

Section: 12, 29, 19

(a) Displaced Persons (Land Settlement) Act (XLVII of 1958) S. 19 read with Displaced Persons (Land Settlement) Rules, 1959, r. 8 and Limitation Act (IX of 1908), Ss. 12 & 29-Revision under S. 19 of Act XLVII of 1958-Limitation 60 days-Rule 8 of Displaced Persons (Land Settlement) Rules, 1959 requires that certified copy of impugned order should accompany revision petition-Time taken in obtaining certified copy should, therefore, be excluded by virtue of provision contained .in S. 12, Limitation Act, 1908-Act XLVII of 1958 is a special law within meaning of term used in S. 29, Limi tation Act and as such provision of S. 12 of that Act is applicable to revision petition under S. 19 of Act XLVII of 1958-Section 12(2) of Limitation Act on face of it does not speak of or apply to revision petition yet revision petition under S. 19 of Act XLVII of 1958 is in nature of an appeal and, therefore, remedy given to aggrieved party by way of revision does not differ in essence from right of appeal and, therefore, provisions of S. 12(2) of Limitation Act, 1908 applic able-Settlement Commissioner dismissing revision petition as time barred by taking into consideration only two dates, viz., date of impugned order and date on which revision petition was filed, without further adverting to question whether petitioner was not entitled to exclusion of time taken in obtaining certified copy-Order of dismissal declared as without lawful authority and of no legal effect. The petitioner, in his grounds of revision petition under section 19 of the Displaced Persons (Lard Settlement) Act, 1958 had stated that the revision petition was within time after excluding the period spent in obtaining the certified copy. The Settlement authority seems to have taken into account the date of the order sought to revised viz. 6-3-1967, and, the date of filing of the revision petition, being 30-5-1967, and found that the revision petition was filed after sixty days, and, therefore. the same was barred by time. The authority did not take into consideration the fact that in para. 8 of the grounds of revision petition, it had been stated that the revision petition was within time after excluding the…