RAGHO SINGH Vs. MOHAN SINGH

JUDGEMENT

(1.) Haribansh Singh, original defendant no. 5 who was one of the co-shares of Plot No. 1142, Khata No. 185 at Village Beoria, District Saran, has executed a sale deed in favour of the appellant. Respondent no. 4 claimed himself to be a co-sharer, filed a suit for preemption in which Haribansh Singh and other persons were arrayed as defendants. The said suit was decreed by the Deputy Collector by his judgment, dated 28.3.1977 against which the appellant filed an appeal before the Additional Collector, Saran, which was allowed by judgment dated 10. 7.1979.

(2.) It may be stated that the appeal was filed beyond time by 10 days but an application under Section 5 of the Limitation Act for condonation of delay was not filed.

(3.) Respondent no. 4 thereafter filed a revision before the Board of Revenue but the revision was dismissed on 29.12.1979. A writ petition filed thereafter by the respondent no. 4 was allowed by the Patna High Court on 10. 3.1995 and it was held that the appeal which was filed beyond time by 10 days ought to have been dismissed on the ground of limitation as no application was filed for condonation of delay as contemplated by Section 5 of the Limitation Act. The L. P. A. filed thereafter was also dismissed on 24.2.1997.