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1963 Supreme(HP) 6

OM PRAKASH
MEHAR CHAND – Appellant
Versus
TWARSOO – Respondent


Advocates Appeared:
Kirti Ram, for Petitioners Inder Singh, for Respondents.

ORDER

1. This petition, under Arts. 226 and 227 of the Constitution of India, is directed against in order of the Sub-Divisional Judge, Mandi. The facts, in brief, leading to the filing of the petition, are as follows :

2. Respondent No. 1 had lodged a complaint, for various offences, against the petitioners, in the Nyaya Panchayat, Jitpur. Petitioner No. 2 had, also, lodged a cross-complaint in the same Nyaya Panchayat. The Nyaya Panchayat decided the complaint of respondent No. 1 and convicted the petitioners, sentencing them to pay flue. The cross-complaint, filed by petitioner No. 2, was still pending. The petitioners filed an application, for revision, under Sec. 93 of the Himachal Pradesh Panchayat Raj Act (hereinafter referred to as the Himachal Act) before the Sub-Divisional Judge, against their conviction, by the Nyaya Panchayat. The Sub-Divisional Judge rejected the application, as barred by time, having been filed beyond the period of sixty days, prescribed, under Sec. 93. It was contended, before the Sub-Divisional Judge, on behalf of the petitioners, that the time, spent, in obtaining the copy of the order of the Nyaya Panchayat, should be excluded, under Sec. 12(2) of t












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