DAYA Vs. BOARD OF REVENUE

JUDGEMENT

(1.) This writ petition is directed against the order dated 7.11.94 passed by the Board of Revenue, Rajasthan, whereby revision petition preferred by the petitioners against the order dated 19.8.94 of Revenue Appellate Authority, Sirohi Camp-Jalore, dismissing the appeal preferred by the petitioners as barred by limitation, stands rejected.

(2.) The relevant facts are that the respondent No. 4 Chaina preferred a suit under Section 88 and 188 of the Rajasthan Tenancy Act, 1955 before the Sub-Divisional Officer, Jalore, against inter-alia the petitioners herein, in respect of agriculture land measuring 164 bighas and 19 biswas comprising Khasra No. 1053, 1052 and 1087 situated at Jalore. The petitioners did not appear despite service and therefore, the matter was proceeded ex-parte against them. The suit was decreed by the trial court vide judgment and decree dated 30.6.92. Aggrieved thereby, the petitioners herein preferred an appeal before the Revenue Appellate Authority, Sirohi Camp Jalore, accompanied by an application under Section 5 of the Limitation Act. The appeal against the order dated 30.6.92 was filed by the petitioners on 29.9.92. The limitation for filing an appeal being 60 days, the appeal was barred by limitation for 30 days.

(3.) The explanation set out by the petitioners seeking condonation of delay was that the summons were not served upon them and they came to know about the decree passed by the trial court on 23.8.92 when the plaintiff disclosed the factum of decree passed and the proceedings being taken for entry in the revenue record. The explanation furnished was not found acceptable by the Revenue Appellate Authority and accordingly, the appeal was dismissed as barred by limitation vide order dated 19.8.94.