TRILOK CHAND Vs. GHASHI RAM AND ORS.

JUDGEMENT

(1.) A challenge has been made to the judgment dt. 28.10.2014 passed by the Board of Revenue (hereinafter 'the Board'), whereby the Board has set aside the order dt. 11 -9 -2003 passed by the Revenue Appellate Authority Sikar. Heard learned counsel for the petitioner and perused the order dt. 28.10.2014 passed by the Board.

(2.) THE reason which prevailed with the Board in passing the impugned judgment was that the Revenue Appellate Authority (RAA) had entertained the appeal beyond the statutory period of limitation even though it was not accompanied by an application for condonation of delay under Sec. 5 of the Limitation Act. The Board also noted the fact that the appellant before the RAA (now the petitioner) was not a party in the suit for declaration of khatedari rights under Sections 88 and 91 of the Rajasthan Tenancy Act,1955, decreed by the Sub Divisional Officer Sikar on 23.7.2002, yet an appeal at his instance without deciding/allowing the application for leave to appeal against the decree of dt. 23.7.2002 was entertained. On the aforesaid findings of illegalities/irregularities committed by the RAA, the Board has set aside its order and remanded the matter to the RAA directing that the application under Sec. 5 of the Limitation Act, 1963 for condonation of delay (apparently to be now filed) and the application for leave to appeal under Sec. 96 of the CPC, 1908 be first decided before the appeal be addressed, if at all, on merits.

(3.) HEARD . Considered.