MALING GOMBA Vs. NAMGEY TSERING

JUDGEMENT

(1.) THIS revision petition has been filed under Regulation No. 50 of the Assam Frontier (Administration of Justice) Regulation, 1945, for short, 'the Regulation' against the memo dated 6.7.92 issued by the Extra Assistant Commissioner (Judicial) by which the Petitioner was informed that his appeal filed against the order dated 27.12.91 was dismissed by the Deputy Commissioner. The said letter dated 6.7.92 is at Annexure -IX and the order of the Extra Assistant Commissioner, Lumla Sub -Division No. LML/JUD -1/91 -92 is at Annexure -VI to the present petition. As the petition could not be filed within 30 days as required under Regulation 51 of the said Regulation, a petition under Section 5 of the Indian Limitation Act has also been filed.

(2.) CONSIDERING the nature of facts of this case as well as law applicable both the petitions for condonation of delay and the question whether in the main revision petition, rule has to be issued or not including granting of the interim prayer were taken up together.

(3.) BOTH the parties are members of the Scheduled Tribes, the Petitioner herein is a young person and is a member of the Scheduled Tribes and permanent resident of the State of Arunachal Pradesh. He is at present studying at the National Law School, Bangalore.