MOSMAT SOHAGO KUER Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned counsel for the appellants and perused the order under appeal.

(2.) It has been submitted on behalf of the appellants that the appellate authority exercised its power in a mutation proceeding after a delay of 12 years and the moot question failing for decision in the writ proceeding-as to whether Section 5 of the Limitation Act is applicable to a proceeding under the Mutation Act or not has not been answered by the writ court before declining to interfere in the matter.

(3.) On perusal of judgment under appeal we find that the court has considered the case of the parties on merits and has come to a conclusion that even if for the sake of arguments it is accepted that provisions of Section 5 of the Limitation Act are inapplicable and the appeal is barred by limitation, no interference in exercise of writ jurisdiction was called for because allowing the order of the first court to continue will perpetuate the illegality.