Pre-emption limitation under special statute excludes condonation of delay where Section 5 is omitted from the governing provision.

Section 5 of the Limitation Act, 1963 was held inapplicable to pre-emption applications under Section 8 of the West Bengal Land Reforms Act, 1955 because the special statute prescribes a specific filing period and, in its scheme, expressly incorporates Section 5 for appeals and revisions but omits it for Section 8. That omission was treated as deliberate, so delay could not be condoned under the general law. The right of pre-emption was described as a weak statutory right requiring strict compliance with the prescribed limitation period, and a belated application under Section 8 was therefore not maintainable.

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Issues: Whether Section 5 of the Limitation Act, 1963 applies to an application for pre-emption under Section 8 of the West Bengal Land Reforms Act, 1955, and whether such an application can be entertained after the period prescribed in Section 8.

Analysis: Section 8 of the West Bengal Land Reforms Act prescribes a specific period for making a pre-emption application and does not contain any provision extending time or making Section 5 of the Limitation Act applicable. The Act, however, expressly incorporates Section 5 in other provisions dealing with appeals and revisions. Reading the scheme of the special statute as a complete code, and applying the principle of express exclusion under Section 29(2) of the Limitation Act, the omission of Section 5 in Section 8 was treated as deliberate. The proceedings under Section 8 were treated as akin to a suit for pre-emption for limitation purposes, and the right of pre-emption was described as a weak statutory right requiring strict compliance with the prescribed time limit.

Conclusion: Section 5 of the Limitation Act does not apply to proceedings under Section 8 of the West Bengal Land Reforms Act, 1955, and a belated pre-emption application under that provision is not maintainable.

Final Conclusion: The challenge to the condonation of delay failed, and the pre-emption applications under Section 8 were held to be barred by limitation; one appeal was allowed and the connected appeal was dismissed.

Ratio Decidendi: Where a special statute prescribes a limitation period for a pre-emption application and, in the scheme of the enactment, expressly incorporates Section 5 of the Limitation Act in some provisions but omits it in Section 8, Section 5 is taken to be excluded by necessary implication and cannot be invoked to condone delay.

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