KUBER Vs. DEPUTY DIRECTOR OF CONSOLIDATION AZAMGARH

JUDGEMENT

(1.) THE present writ petition is directed against an order of the Deputy Director of Consolidation Azamgarh, dated 16-8-1986.

(2.) THE opposite parties No. 3 to 5 filed a time barred objection under Section 9-A (2) of the Consolidation of Holdings Act accompanied by an application under Section 5 of Limitation Act. THE Consolidation Officer by an order dated 7-4-1986 has allowed the said application on payment of Rs. 15/- as cost. THE order of the Consolidation Officer though is not a very happily worded but there was application of mind so far as the question of condonation of delay is concerned. Against that order the petitioner filed a revision before the Deputy Director of Consolidation. He has upheld the order of the Consolidation Officer and directed the parties to appear before the Consolidation Officer to lead their respective evidence so that the case may be decided in accordance with the law.

(3.) IN support of his contention, the counsel for the petitioner has relied upon a decision reported in Ram Lal v. Rewa Coalfields Ltd., AIR 1962 SC 361, and has specifically referred to paragraph 12 of the said judgment wherein it has been held that :-