Limitation Act applicable to suits, appeals, application filed in courts, not before statutory authorities

The Supreme Court has observed that the suits, appeals and applications referred to in the Limitation Act, 1963 are suits, appeals and applications which are to be filed in a Court and not before a statutory authority.

The said ruling was held in the matter of Ganesan vs. The Commissioner, the Tamil Nadu Hindu Religious and Charitable Endowments Board & Ors. (Civil Appeal No. 4582/2019), decided on 03.05.2019

Challenge

The bench was considering an appeal against the Madras High Court judgment that held that in appeal proceedings before the Commissioner Section 5 of the Limitation Act is fully applicable, and the Commissioner has power to condone the delay in filing appeals under Section 69 of HRCE Act.

Two of the issues before the bench in this case was:

(1) whether applicability of Section 29(2) of Limitation Act is with regard to different limitation prescribed for any suit, appeal or application to be filed only in a Court or Section 29(2) can be pressed in service with regard to filing of a suit, appeal or application before statutory authorities and tribunals provided in Special or Local Laws?

(2) Whether the Commissioner while hearing the appeal under Section 69 of Act 1959 is entitled to condone a delay in filing an appeal applying the provisions of Section 5 of the Limitation Act, 1963?

Held

The bench held that the ‘Commissioner’ under Hindu Religious Endowment Charitable Act, 1959 while hearing the appeal under Section 69 of Act, is not a ‘Court’ within the meaning of the Limitation Act and hence the provisions of the Act cannot apply and the Commissioner is not entitled to condone the delay in filing an appeal.

The Bench also observed that the applicability of Section 29(2) of the Limitation Act is with regard to different limitations prescribed for any suit, appeal or application when to be filed in a Court. Section 29(2) cannot be pressed in service with regard to filing of suits, appeals and applications before the statutory authorities and tribunals provided in a special or local law. However, special or local law vide statutory scheme can make applicable any provision of the Limitation Act or exclude applicability of any provision of Limitation Act which can be decided only after looking into the scheme of particular, special or local law.