U. KINO KHARBANGAR Vs. U. KYRON

JUDGEMENT

(1.) HEARD learned Advocate for the appellant and gone through the papers. I find no reasons to condone the delay in the presentation of the appeal and it is doubtful whether Section 5, Indian Limitation Act at all applies to such proceedings as provided under the rules of the Khasi States (Administration of Justice) Order, 1950. In my opinion, it does not. We are governed by Rule 26 of the Khasi States (Administration of justice) Order, 1950 which says that an appeal shall lie within the sixty days of the date of decision exclusive of the time needed for obtaining a copy of the order appealed against to the High Court from any original or appellate decision of the Deputy Commissioner except in matters involving customary laws. In this case, the order appealed against is that of the Additional Deputy Commissioner dated 2 -4 -51 and if the time taken for obtaining a copy of the order is taken into consideration. 6 -6 -51 is the last date on which this appeal ought to have been presented.

(2.) THE learned Advocate for the appellant has further submitted that this appeal may be treated as a proceeding under Rule 27 of the Khasi States (Administration of Justice) Order, 1950, but I find no substance in that prayer as it is not for this Court to call for the proceedings of the Subordinate Courts unless it is brought to the notice of this Court that there has been certain irregularity committed by the Court below which has caused failure of justice. The spirit of the Civil Procedure Code being that a revision is not competent when an appeal lies, I must hold that in this case to, an appeal being competent a revision would not lie. In this view, as well, this prayer has no substance.