LAWS(ALL)-2006-10-54

RAM ASREY Vs. DEPUTY DIRECTOR OF CONSOLIDATION

Decided On October 02, 2006
RAM ASREY Appellant
V/S
DEPUTY DIRECTOR OF CONSOLIDATION Respondents

JUDGEMENT

(1.) KRISHNA Murari, J. Heard Sri R. C. Singh appearing for the petitioner.

(2.) THOUGH the case has been taken up in revised list, no one has appeared on behalf of contesting respondent No. 2 nor there is any counter-affidavit on this behalf on record.

(3.) THE proceedings started before the Deputy Director of Consolidation. THE petitioner moved an application under Section 5 of Limitation Act duly supported by an affidavit explaining the delay. He also moved an application for comparison of his admitted signatures with alleged signatures on compromise and vakalatnama said to have been executed in favour of one Sri Someshwar Yadav, Advocate to appear on his behalf. Sri T. H. Siddiqui, handwriting expert submitted a report on 31-10-1981 that specimen signature did not tally with the signature made on the alleged compromise and vakalatnama. THE Deputy Director of Consolidation dismissed the application filed by the petitioner vide order dated 25-6- 1982 on two grounds, firstly, the petitioner failed to give any reasonable explanation for delay and secondly, he disbelieved the report of handwriting expert.