SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1966 Supreme(Guj) 5

V.B.RAJU
GULAM HUSEIN JIVABHAI – Appellant
Versus
STATE – Respondent


Advocates Appeared: A.D.DESAI, B.K.AMIN

V. B. RAJU, J.

( 1 ) THIS second appeal is by the original plaintiff who filed a suit to set aside an order of the Prant Officer Dholka holding that the suit land belonged to the Government. It is admitted that the suit was filed one year after the order and the date of the appeal. But it is contended that a revision application was filed and that the suit was filed within one year from the date of the decision of the revision application. Section 37 (3) of the Land Revenue Code reads as under:-ANY suit instituted in any Civil Court after the expiration of one year from the date of any order passed under sub-sec. (1) or sub-sec. (2) or if one or more appeals have been made against such order within the period of limitation then from the date of any order passed by the final appellate authority as determined according to sec. 204 shall be dismissed (although limitation has not been set up as a defence) if the suit is brought to set aside such order or if the relief claimed is inconsistent with such order provided that in the case of an order under sub-sec. (2) the plaintiff has had the notice of such order. It does not talk of any revision application. In fact the Land Revenue Code d






Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top