Limitation Act delay condonation unavailable before the Collector under the tenancy law's original text; later amendment was prospective.

Section 5 of the Limitation Act, 1963 did not apply to appeals before the Collector under section 90 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950 as originally enacted, because the Collector was not a court and the special statute then incorporated only the Limitation Act provisions relating to computation of limitation. Section 5 operates to excuse delay after limitation is computed, so it could not be invoked under the pre-amendment text. The later express incorporation of section 5 was held to be prospective, not clarificatory. The Collector therefore had no jurisdiction to condone delay under section 5.

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Issues: Whether section 5 of the Limitation Act, 1963 could be invoked to condone delay in filing an appeal before the Collector under section 90 of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950.

Analysis: The appellate authority under section 90 was not a court, and the Limitation Act, 1963 applied only to proceedings in courts unless the special statute expressly made its provisions applicable. Section 93 of the Act, as then standing, made applicable only those provisions of the Limitation Act relating to computation of the period of limitation. Section 5 did not govern computation of limitation but operated after limitation had been computed and delay had to be excused on sufficient cause. The later amendment expressly incorporating section 5 was held to be prospective and not clarificatory of the pre-amendment position.

Conclusion: Section 5 of the Limitation Act, 1963 was not applicable to appeals before the Collector under section 90 of the Act as originally enacted, and the Collector had no jurisdiction to condone delay under that provision.

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