AMRO DEVI Vs. LEELA DEVI

JUDGEMENT

(1.) IN the present petition filed under Article 227 of the Constitution of India, petitioner Amro Devi has, inter alia, assailed the orders dated 25.11.2008 passed by Sub Divisional Officer (Civil), Hamirpur, exercising the powers of the Collector under the Land Revenue Act, whereby her applications filed under Section 12 of the H.P. Redemption of Mortgage Act, 1971 (hereinafter referred to as the Act) as also Section 5 of the Indian Limitation Act stands dismissed. The exact prayer is reproduced as under: -

(2.) ON 4.8.2003 the petition was dismissed in default. On 16.8.2003, Smt. Leela Devi filed an application for restoration of the said petition when notice was issued to Smt. Amro Devi. In terms of order dated 16.5.2005 the petition was restored after Smt. Amro Devi was preceeded ex parte on 20.4.2004 and on 30.6.2006, it was finally allowed by the Collector, Sub Division, Hamirpur, on merits.

(3.) SECTION 21 of the H.P. Land Revenue Act, 1954 (for short, the Revenue Act) provides the mode of service of the parties. For the purpose of ready reference the same are produced as under: - Section 21: Mode of service of Summons