RAMNIWAS Vs. SIRLAL

JUDGEMENT

(1.) THIS revision has been filed against the order of RAA Udaipur dated 20-1-68 whereby he held the appeal filed by the applicant against the order of Collector, Tonk dated 31-12-66, incomplete and barred by limitation. As only a point of law is involved in the impugned order, the facts of the case need not be given.

(2.) THE learned counsel for the applicant assailed the impugned order on the ground that on 3-2-67 when the appeal was filed before the RAA the Court did not raise any objection and it would be presumed to have been admitted without any objection. THE appeal was registered on 4-2-67. THE non-applicant could not take the objection after the appeal was registered. He cited 1926 Nagpur 57, AIR 1927 Lahore 451, 1932 Calcutta 711, 1961 SC 862 in support of his argument. He also contended that according to sec. 79 of the Land Revenue Act copy of order appealed against only has to be produced along with the memorandum of appeal. Regarding the various decisions of the Board of Revenue on this point, he stated that all these rulings are in matters of Tenancy Act and do not apply to Land Revenue Act.