Limitation for special-law appeals may exclude time spent obtaining the reasoned order needed for an effective appeal.

Where a special appeal regime imports the general law of limitation, the time reasonably spent obtaining the reasoned order needed for an effective appeal may be excluded in computing limitation. A memorandum that discloses only the compensation figure, without the basis of computation, is insufficient for preparing a meaningful appeal. The appellate authority must therefore consider exclusion of that period and cannot reject the appeal as time-barred without examining condonation of delay where delay remains. On that construction, dismissal of the appeal solely on limitation was unsustainable.

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Issues: Whether, for an appeal under the jagir abolition law, the time spent in obtaining a copy of the reasoned order could be excluded while computing the period of limitation for filing the appeal, and whether the appellate authority was bound to consider condonation of delay.

Analysis: The appeal period under the jagir abolition law was 90 days from communication of the decision. The decision communicated to the jagirdar was only a memorandum of the compensation figure and did not disclose the basis of the computation or the manner in which the claim had been dealt with. A meaningful appeal could not be prepared without the underlying judgment. The provisions governing the revenue appeal procedure attracted the general law of limitation, including the rules on extension and computation of limitation. On that construction, the time reasonably taken to obtain the copy of the judgment had to be excluded in computing limitation. The appellate authority also erred in rejecting the appeal as time-barred without examining whether delay, if any, should be condoned.

Conclusion: The appeal could not be dismissed as barred by limitation without excluding the time taken to obtain the copy of the judgment and without considering condonation of delay; the rejection of the appeal on limitation was therefore unsustainable.

Ratio Decidendi: Where a special law imports the general principles of limitation, the period reasonably spent in obtaining the reasoned order necessary for an effective appeal may be excluded in computing limitation, and delay cannot be rejected mechanically without considering condonation.

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