NAGAR PALIKA PARISHAD, SEOHARA, DISTRICT BIJNOR Vs. RAGHURAJ SINGH PUBLIC INTER COLLEGE, SEOHARA, DHAMPUR, DISTRICT BIJNOR

JUDGEMENT

(1.) This Court on 22.5.2012 has passed the following order.

(2.) Sri Manu Saxena, learned counsel for the petitioner has today invited attention of the Court towards paragraph 195 of the Revisional Court Manual which is reproduced hereunder:

(3.) In his submissions the procedure for filing revision under Section 219 of the Act, would be like the procedure for filing appeal against the decree/order. He has also contended under Section 214 of the Act, the limitation for filing appeal is 30 days, and, therefore limitation provided under Section 214 of the Act shall also be made applicable in the case of revision pursuant to paragraph 195 of the Revenue Court Manual. He has further contended that in view of paragraph 176 of the Revenue Court Manual, provisions contained in Order XLI, Rule 3A would be applicable meaning thereby, if a revision is filed beyond prescribed period of limitation then that should be accompanied with an application under Section 5 of Limitation Act for extending the period of limitation, and in view of the aforesaid provision, if the Court is satisfied that there is no sufficient explanation for condonation of delay, it can reject the application for condonation of delay but it cannot condone the delay without issuing notice to the respondent and hearing other side on the question of limitation.