Special tenancy limitation scheme excludes Section 5 relief where the statute fixes its own deposit deadline.

Section 5 of the Limitation Act, 1963 was held inapplicable to an application under Section 17(2A) of the West Bengal Premises Tenancy Act, 1956 for extension of time to deposit rent, because the special tenancy scheme prescribed its own time limit and the earlier decision in Jatindra Nath Samanta governed the issue. The Court also found that the explanation based on mistaken legal advice did not show sufficient cause, as it was unsupported and reflected negligence rather than a proper basis for condonation. The application for extension and condonation therefore failed.

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Issues: Whether Section 5 of the Limitation Act, 1963 applied to an application under Section 17(2A) of the West Bengal Premises Tenancy Act, 1956 for extension of time to deposit rent and condonation of delay, and whether sufficient cause was shown for the delay.

Analysis: The application for extension was filed after the expiry of the time prescribed by Section 17(2B) of the West Bengal Premises Tenancy Act, 1956. The Court considered the interaction between the special limitation scheme under the Tenancy Act and Sections 3, 5, and 29(2) of the Limitation Act, 1963, together with Section 39 of the Tenancy Act. It held that, notwithstanding the general applicability of the Limitation Act, the binding earlier decision in Jatindra Nath Samanta governed the question and Section 5 could not be invoked for an application under Section 17 of the Tenancy Act. The Court further held that the alleged mistaken legal advice did not amount to sufficient cause, as the explanation was unsupported and disclosed negligence rather than a legally sufficient basis for condonation.

Conclusion: Section 5 of the Limitation Act, 1963 was not applicable to the present application, and in any event no sufficient cause for condonation of delay was established.

Ratio Decidendi: Where a special tenancy statute prescribes its own time limit for an application, Section 5 of the Limitation Act, 1963 cannot be invoked unless the special law permits it, and a mere mistaken legal opinion without due care does not constitute sufficient cause for condonation of delay.

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