Law: Limitation Act, 1908

Section: 5,5,29(2)(6)

(a) Limitation Act (IX of 1908)---Ss. 5 & 29(2)(6)--Condona­tion of delay-Section 29(2)(6) excluding application of S. 5 in respect of special and local laws-Section 5, held. not applicable to appeals filed under S. 18, Displaced Persons (Land Settlement) A et (XLVII of 1958)-Order appealed against .found to be a nullity­ Appellate authority can entertain and decide on merits even a time ­barred appeal against such order-[Hatim Ali v. Mst. Zulekha bibi and others P L D 1964 Kar. 399 and Muhammad Azeem and others v. Muhammad Nawaz and others P L D 1961 Lah. 137 dissented from]. The words "by or under any enactment" (in section 5) indi­cate that section 5 of the Limitation Act is not of general applica­tion to all the enactments, but can be made applicable by the provisions of an enactment. This further supports the view that section 29, being a special provision dealing with local and special laws, will override the provisions of section 5 of the Limitation Act. If that is so, the mandate contained in clause (b) of subsection (2) of section 29 of the Limitation Act being in absolute terms, will prevail and the application of section 5 of the Limita­tion Act, shall have to be held as excluded in respect of special and local laws. The Act under consideration being admittedly a special law, the above discussion shows that section 5 of the Limitation Act is not applicable to appeals filed under section 18 of that Act. In some circumstances, in spite of the fact that prima facie the appeal would appear to be time-barred, the appellate autho­rity can entertain and decide it on merits. One such situation can arise, when the order under appeal is a nullity. An act or an order which is a nullity, has simply to be ignored and proceedings need not be initiated to get it annulled. In case, however, the order or action which is a nullity is to be enforced against the person affected by it, that person at that time will be entitled to challenge the same on the basis of it being a nullity. In such circumstances, the cause of action, in so far as that person is concerned, will arise only when the attempt is made to enforce such an action or order against him, and there­fore…

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