The apex court observed that under section 5 of limitation act is not apply to suits. It applies only to appeals and application.

The court told that limitation act came into force on 21 January, 1972 in state of Mizoram.

The bench consists of Justice Indira Banerjee and Justice Maheshwari.

The bench said the provisions of limitation act should be applied as they are prescribed by statute of limitation.

In present case a suit for compensation is filed by plaintiff for recovering his money from authority which extracted stones from his land for the construction of road.

The trial court dismissed the suit under order 7 rule 11. Then they filed an application for condonation of delay of 325 days in trial court. the court allowed the application.

Later the order of trial court challenged before the gauhati high court. High court set aside the challenged order and held that limitation act is applicable in state of Mizoram and section 5 of limitation act is not applicable to suits, it only applies on appeals and application.

The said order of high court came before apex court and the apex court upheld the order given by Gauhati high court.

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