HAR SAHAYA Vs. RAM DEO

JUDGEMENT

(1.) THIS is a revision against the order of the Collector, Alwar dated 21. 1. 61, by which he has ordered the restoration of the appeal dismissed by him in default.

(2.) THE facts relevant to the disposal of this revision are that the learned Collector, Alwar, in whose court an appeal had been filed by the respondent, dismissed the same on 18. 7. 50. THE application for the restoration of the said appeal was filed a day later than the period of 30 days prescribed for the presentation of such application for restoration. THE learned Collector condoned this delay and restored the appeal. It is against this order that this revision has been filed in this court. THE only point urged before us by the learned counsel for the applicant was that as sec. 5 of the limitation Act has not been made applicable to application under Or. 41 R. 19 C. P. C. the learned Collector was not competent to condone this delay. It is regretted that as no one was present on behalf of the non-applicant, we could not have the advantage of hearing him.