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1967 Supreme(Del) 195

I.D.DUA
CUSTODIAN OF EVACUI PROPERTY,NEW DELHI – Appellant
Versus
RAMESHWAR DAYAL – Respondent


Advocates Appeared:
S.C.SINGHA, TIRYAOGI NARAIN

( 1 ) THIS execution second appeal is directed against the order of the learned Additional District Judge dated 3-10-1862 holding the any (Misc. Civil Appeal No, 113 of 1951 presented in his Court against the order of the learned Senior Subordinate Judge dated 3-6-1957 to be barred by limitation because the order appealed against did not bear the proper Court tee.

( 2 ) THE circumstances in which the appeal was dismissed as barred by time by the learned Additional District Judge are that from the order of the learned Senior Subordinate judge dated 3-6-1957, a revision was presented in this Court on 18-10-1957. This was referred to a Full Bench by a learned Single Judge of the Punjab High Court in April, 1961 and the Full Bench on 8-12-1961 held that no revision was competent in this Court because the impugned order was appealable. In this Court, the revision had not been converted into an appeal by the learned Single Judge because, I am informed, the learned Single Judge felt that the appeal would have to be presented in the lower Appellate Court. It was in these circumstances that the appeal was presented in the lower Appellate Court on 11-12-1961. I am informed that 8th of Decemb








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