RAM KRIPAL Vs. HANUMAN PRASAD

JUDGEMENT

(1.) This revision by Ram Kripal is directed against the order of Additional Commissioner dated 5.2.1993 which admits an appeal barred by over-run of limitation, set against the order of trial Court dated 8.10.1990 - an order decreeing the law suit under Sec. 229B, Z. A and L.R. Act.

(2.) The facts as appear from the pleadings are : On 23.12.1987 Ram Kripal institutes a law suit under Sec. 229B, Z.A. and L.R. Act in the Court of Assistant Collector, First Class. The facts comprising a claim to suit land have been put forth in the pleading. The relief of a declaration that he is bhumidhar tenant in possession is prayed for. On 8.10.1990 the law suit is decreed.

(3.) Aggrieved by the order and decree, Hanuman Prasad flies an appeal in the Court of Commissioner. It is barred by over-run of limitation ; the question significantly is raised in a motion dated 16.12.1996. On 5.2.1993 Additional Commissioner rejects respondent Ram Kripal's plea to order outright dismissal of appeal. Aggrieved by the order, a revision.