MD.RAHIM @ RAHIM MIAN Vs. HABIB MIAN

JUDGEMENT

(1.) PLAINTIFFS -appellants -petitioners aggrieved by the order dated 3.5.2001 passed by the 4th Additional District Judge, Saran in Misc. Case No. 3 of 1997 refusing to revive Title Appeal No. 17 of 1966, have preferred this application.

(2.) SHORT facts giving rise to the present application are that Title Appeal No. 17 of 1966 stand abated in light of Sec. 4(C) of Consolidation of Holdings and Prevention of Fragmentation Act. Petitioners filed application for its revival on 27.7.1997 alongwith application for condoning the delay, inter alia alleging that notification under Sec. 3 of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, hereinafter referred to as the Act, has been cancelled under Sec. 4A of the said Act by notification dated 21.11.1993. By reason of the impugned order, the prayer made by the petitioners for condonation has been rejected and the Miscellaneous case being barred by limitation has been dismissed on that count alone. Mr. Parbat, appearing on behalf of the petitioners submits that petitioners did not know about the cancellation of the notification and when they came to know about it filed the application on 27.7.1997. He submits that the Court below ought to have taken a pragmatic view of the matter and condoned the delay.

(3.) MR . Om Prakash Upadhyay, appearing on behalf of Opposite Party Nos. 2 to 6, however, submits that the explanation put forward by the petitioners being absolutely vague, the Court below did not err in rejecting the application for condonation of delay.