BHAGWAN Vs. BAL KISHUN

JUDGEMENT

(1.) HIMANSHU Kumar, J. This second appeal has been preferred against the order and decree dated 29-3-2005 passed by the Additional Commissioner, Agra Division, Agra in an appeal filed against the order and decree dated 9-6- 2003 passed by the SDO, Sadar, Firozabad in a suit filed under Section 49 of U. P. Tenancy Act, 1939.

(2.) IT appears that the SDO Sadar Firozabad by his order dated 9-6-2003 confirmed the lots prepared by the Lkehpal on 18-2-1994 and rejected the applications moved by the appellant, Sri Bhagwan. Against this very order an appeal was preferred in the Court of Additional Commissioner which has been dismissed by the Additional Commissioner on 29-3-2005 holding it to be time barred. Feeling aggrieved by these orders the present second appeal has been preferred before the Board of Revenue, Allabahad.

(3.) ON the issue of limitation the case law is well laid down upto Hon'ble Apex Court that too technical a view should not be taken in the matters of condonation of delay and that the limitation starts from date of knowledge and not from the date of order and decree. It is noteworthy that against the order dated 9-6-2003 an appeal was presented on 21-7-2003. In this context I am inclined to be of the view that it would be in the interest of justice to remand the case to the Additional Commissioner with the directions to hear both the parties afresh on the issue of condonation of delay and pass a suitable order as per law since the case laws referred to above are fully applicable to the facts and circumstances of the instant case.