HARVILAS Vs. NARAIN SINGH

JUDGEMENT

(1.) THE Naib-Tahsildar, Pargana Ambah, District Morena, dismissed in default a revenue case in which Narain Singh was the applicant as he remained absent on the 6th April, 1962, the date on which the case was fixed for hearing. On 4-5-1962, Narain Singh made an application for restoration of the case and on 19-7-1962 the case was restored to file. THE non-applicant, Harvilas, filed an application for revision before the Commissioner against the order dated 19-7-1962 of the Naib-Tahsildar. This application for revision was rejected by the Commissioner and now Harvilas has filed an application for revision against the order of the Commissioner.

(2.) THE order of the Naib-Tahsildar is attacked on two grounds. Firstly it is said that no affidavit was filed by Narain Singh in contravention of rule 13 of the "Rules regulating the procedure to be followed by Revenue Courts" framed under section 41, M. P. Land Revenue Code, 1959. Secondly it is said that the Naib-Tahsildar did not make any enquiry as laid down in sub-section (3) of section 35 of the M. P. Land Revenue Code.

(3.) THE application for revision is rejected. Revision application rejected.