PRATAP Vs. BHAIRONLAL

JUDGEMENT

(1.) THIS is an application in revision against the order of the Additional Commissioner, Udaipur dated the 29th January, 1955 whereby he confirmed the order of the Collector dismissing the application for restoration of the appeal of the applicant for want of sufficient cause.

(2.) WE have heard the counsel appearing on behalf of the parties and have gone through the record of the case. It appears that the appeal was filed by the applicant before the Collector, Chittorgarh, on 20th Sept. , 1954. After obtaining the necessary report from the office, it was registered on the 21st Sept. 54 to be heard on the 2nd November, 1954. On this date the appellant did not appear and the appeal was dismissed in default. An application for restoration was filed by the appellant on the next day i. e. 3rd Nov. 54. He pleaded that he had no intimation of the date of hearing but this was also rejected by the collector. In appeal before the Additional Commissioner, the applicant met the same fate and his appeal was dismissed. Hence this revision to the Board.