PHATTA Vs. ASCHANDRA BABAJI CHELA SAMUDA

JUDGEMENT

(1.) THIS is a revision under sec. 26 of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, 1951, against an appellant order of the Additional Commissioner, dated 12. 1. 1955, dismissing the applicants appeal filed before him on the ground that no copy of the decree was filed with the memorandum of appeal.

(2.) WE have heard the learned counsel appearing or the parties and have examined the record as well. This was an application by the applicants under item 12 of Group B, Schdl. I of the Rajasthan Revenue Courts (Procedure and Jurisdiction) Act, and as such no decree was necessary. The decision of the learned Additional Commissioner is untenable. WE would, therefore, allow this revision, set aside the order of the lower court and remand the case back to it with the direction that the appeal filed before it be heard and decided on merits in accordance with law. .