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This revisional application is directed against an order dated 24 November, 2011 passed by learned Additional District Judge, 1st Court, Malda in Miscellaneous Appeal No. 11 of 2011 reversing the judgment and order dated February 25, 2011 passed by learned Civil Judge (Junior Division), 1st Court, Malda in pre-emption Miscellaneous Case No. 13 of 2002 and allowing an application filed under Section 8 of the West Bengal Land Reforms Act, 1955.

The petitioner purchased the plot of land forming the subject matter in the original proceeding by a dint of purchase dated March 2, 2000 which was finally registered on March 16, 2000. The opposite party claimed to have purchased an undivided share of the larger plot by registered deed dated November 27, 1992. The opposite party laid his claim as a co-sharer of the said plot of land and initiated a proceeding under Section 8 of the West Bengal Land Reforms Act, 1955 on April 17, 2002. It is alleged in a said pre-emption proceeding that the opposite party is a non-notified co-sharer and he came to know of the execution and registration of the said deed after obtaining the certified copy on 12.04.2002 and immediately thereafter, the instant proceeding was initiated.

" In Article 97 of the Schedule appended to the Limitation Act under the heading suits relating to miscellaneous matters there is reference to enforcement of rights of pre-emption. Thus, there is reference to suits in Section 8 and Article 97 of the Limitation Act, but there is no reference to an application for enforcement of right of pre-emption. Having regard to the fact that the Act is a self- contained Code in relation to the enforcement of rights of preemption and looking to the provisions of the Limitation Act, as stated above, it appears to us that when one applies for enforcement of rights of preemption under Section 8 of the Act, the proceedings initiated are in the nature of a suit. The words "application" and "suit" have been defined in Section 2 (b) and 2 (1) of the Limitation Act. "Application" includes a petition but "suit"

"5. This Court is unable to accept such contention of the learned Advocate of the petitioners in view of the decision of the Hon'ble Supreme Court in the case of Gopal Sardar vs. Karuna Sarda, reported in 2004 (2) CHN 164, wherein it was held that since the application for pre-emption should be regarded as a plaint and though the initiation of the said proceeding for pre-emption is made on presentation of the petition., but such petition, for all practical purposes should be regarded as a plaint and the said proceeding should be regarded as a suit before the Civil Court and as such the statutory provision under Article 137 of the Limitation Act will not govern period of limitation so far as filing of the pre- emption proceeding is concerned on any ground for which period of limitation is not prescribed in section 8 of the West Bengal Land Reforms Act. The Hon'ble Supreme Court further held that under such circumstances Article 97 of the Limitation Act will apply."