Limitation Act condonation excluded for pre-emption proceedings where the special statute omits any delay-saving provision.

Section 5 of the Limitation Act, 1963 does not apply to pre-emption proceedings under section 8 of the West Bengal Land Reforms Act, 1955, because the special statute fixes its own time limit and elsewhere expressly provides for delay condonation but omits any such provision for section 8. That omission shows exclusion by necessary implication under section 29(2) of the Limitation Act, so the general extension provisions in sections 4 to 24 cannot be invoked. The fact that a section 8 proceeding is original and independent does not displace the special limitation scheme.

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Issues: Whether section 5 of the Limitation Act, 1963 applies to proceedings for pre-emption under section 8 of the West Bengal Land Reforms Act, 1955.

Analysis: The relevant scheme of the West Bengal Land Reforms Act, 1955 shows that a pre-emption application under section 8 must be made within the time fixed by that provision and the Act elsewhere expressly provides for condonation of delay in some sections but omits such a provision for section 8. Under section 29(2) of the Limitation Act, 1963, the provisions in sections 4 to 24 apply to special or local laws only so far as they are not expressly excluded. The omission of any saving or condonation provision in section 8, when such language is used in other parts of the Act, indicates exclusion by necessary implication. The proceeding under section 8 is an original and independent judicial proceeding, but that character does not attract section 5 in the face of the special scheme of the Act.

Conclusion: Section 5 of the Limitation Act, 1963 does not apply to proceedings under section 8 of the West Bengal Land Reforms Act, 1955, and the contrary view was rejected.

Ratio Decidendi: Where a special statute prescribes its own limitation scheme and its structure shows that condonation of delay is intentionally omitted, the general enabling provisions of sections 4 to 24 of the Limitation Act, 1963 are excluded by necessary implication.

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