DEVI SINGH Vs. GAJRAJ SINGH

JUDGEMENT

(1.) PETITIONERS have filed this petition challenging the order Annexure P-l passed by the Board of Revenue.

(2.) BRIEF facts of the case are that petitioners have filed an application u/ss. 190/110 of the M.P. Land Revenue Code, 1959 before the Tahsildar, Sironj. Petitioners contended that they are occupancy tenants and they have acquired Bhumiswami rights. The contention was denied by respondents 1 to 8. The application was allowed on 30.1.1987 and Bhumiswami rights were conferred upon the petitioners. Gajraj Singh and others preferred an appeal before the Sub-Divisional Officer, Sironj. The appeal was dismissed on 26.8.1987. Second appeal was filed by Gajraj Singh before Additional Commissioner, Bhopal Division, Bhopal. The appeal was allowed on 23.6.1992 and the case was remanded to the Court of Tahsildar. The order of remand was challenged by the petitioners before the Board of Revenue by filing a revision petition under section 50 of the M.P. Land Revenue Code. While the revision was pending before the Court, Gajraj Singh died in the year 1992. An application for substitution of legal representatives of deceased Gajraj Singh was filed on 26.12.1994. On 10.3.1997 the Board of Revenue heard arguments on the application for substitution of legal representatives and reserved the case for orders. The Board of Revenue dismissed the application on the ground that the application for substitution was not filed within the period of limitation and the revision petition was also dismissed on merits.

(3.) COUNSEL for petitioners submitted that it was argued before the Board of Revenue that the provisions of Order XXII, Code of Civil Procedure are not applicable to revision and this fact was not disputed by the counsel for respondents before the Board of Revenue. But the only objection which was raised by the respondents was that legal representatives were not brought on record within reasonable time, and if such application is not filed within time, then the revisional officer can consign the revision to the record room.