RAMDULARI AGARWAL Vs. MUNICIPAL CORPORATION

JUDGEMENT

(1.) THIS revision has been filed against the order of the 5th Additional Judge to the Court of District Judge, Raipur, dismissing the appeal as barred by limitation.

(2.) THE facts of the case are as under :that the applicant has applied for sanction of map for construction to the Commissioner, Municipal Corporation, Raipur. According to the applicant, his application for sanction was rejected on 5-2-1990. He acquired knowledge of the order on 20-3-1990. He applied for copy on 21-3-1990 which was received by him on 6-9-1990. After receiving the certified copy he filed the appeal under section 293 (3) of the M. P. Municipal Corporation Act, on 21-9-1990 an affidavit before the appellate Court was also filed stating that the information about the order dated 5-2-1990 was acquired on 20-3-1990. The lower appellate Court held that the appeal ought to have been filed within 30 days from the date of the passing of the order. Since the appeal has not been filed within time it has been dismissed as barred by limitation. Section 293 para 3 provides :

(3.) THE only question which is to be decided in this case is whether the appeal can be filed from the date of the order or from the date of the knowledge.