BHERA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THE respondent nos. 4 and 5 filed suit against the petitioners for partision of their agricultural land before the court of Addl. Collector and S. D. O. , Jodhpur. As many as 7 issues were framed by him in the suit. Issue no. 6 was decided as a preliminary issue against the plaintiffs- present respondent Nos. 4 and 5 and consequently the suit was dismissed by judgment and decree dated 20. 7. 1999. It was challenged by the respondent nos. 4 and 5 in appeal before the Revenue Appellate Authority, Jodhpur. THE period of limitation for filing the appeal was 60 days, meaning thereby, the last date was 19. 9. 1999. However, the appeal was filed within time i. e. on 10. 8. 1999. It must be stated that in appeal only certified copy of the judgment was filed, but not the decree.

(2.) BEFORE the appellate court, the petitioners raised objection about the maintainability of appeal on the ground that it was time barred inasmuch as certified copy of the decree was not filed alongwith the appeal and the same was filed very late i. e. on 16. 11. 1999 though it was ready for delivery on 10. 8. 1999. This objection was over-ruled by the Revenue Appellate Authority and it was held that even if it was filed late then also the delay in filing the same was required to be condoned. Against this decision arrived at by the Revenue Appellate Authority at Annex. 3 the petitioners preferred revision petition before the Board of Revenue which was also dismissed on 19. 6. 2000 (Annex. 4 ). Hence, this petition.

(3.) IN view of the above discussion, I do not see any substance or merit in this petition and accordingly it fails and is hereby dismissed. .