SHIR SINGH Vs. ASSISTANT CUSTODIAN GENERAL

JUDGEMENT

(1.) Special leave granted. Heard both the sides.

(2.) The appellant had made an application for redemption within limitation period on 4/04/1970. Mere fact that he was not found in the village by the postman was no reason to dismiss the application for redemption on. 4/09/1972 for default in appearance. The application for redemption would be within time in this view of the matter on disregarding the illegal order of dismissal for default. Under the circumstances, the order passed by the High court is set aside and the application dated 4/04/1970 is directed to be taken on file for being disposed of in accordance with law treating the same as within time.

(3.) The appeal is disposed of accordingly. There will be no order as to costs.