The main legal point established in the judgment is the importance of condoning delay and ensuring justice by adhering to legal provisions and principles of natural justice.

KOSSAR AHMAD QURESHI, J.

1. This revision petition has been filed against the order dated 27.11.2013 passed by the Ld. ADC designated as Commissioner Agrarian Reforms Pulwama, in an appeal case No. 328/ADC/APP, for setting aside the same. To put in brief the facts of the case are that one Rasool Qazi, died survived by four sons and a daughter given in a pedigree table. The parties to revision are successor in interest of late Rasool Qazi, who left his landed estate in three villages i.e. Tiken Batapora, Belov Dergund and Sonsamil Tehsil Pulwam. The said landed estate left by the common ancestor of parties i.e. late Rasool Qazi vests in favour of his all sons and daughter, mentioned in the pedigree table and are accordingly in a joint possession of the same. The respondents/their ancestors hired the services of then Naib Tehsildar, who passed a "Sehat-e-Kasht Mutation Order" bearing No. 667/1 for the land consisting 5 kanals comprised of survey No. 181 min and land 1 kanal 19 marlas comprised of survey No. 366 situated at village Sonsamil, Pulwama in the revenue record, on 20.02.1987 whereby got themselves declared as tenants. Thereafter by giving reference of the said mutation order supra, got directly a mutation order No. 1064, styled the same mutation under section 8 of J&K Agrarian Reforms Act 1976, from Tehsildar Settlement Pulwama on 29.12.2006 in total derogation of the above referred "Sehat-e-Kasht Mutation"

2. That the petitioner once got the knowledge of these mutation orders on account of refusal of share of produce to her in November 2007, she assailed these mutation orders by way of submission of appeals before Ld. Addl. Deputy Commissioner designated as Commissioner Agrarian Reforms Pulwama on 15.11.2007. The Learned court below vide its order dated 27.11.2013, dismissed the appeal. Aggrieved by the impugned orders passed by Ld. Court below as well as the mutation orders passed by the Naib Tehsildar and Tehsildar Settlement Pulwama respectively challenged the same before this Tribunal on the following grounds:-

i. That the impugned order is result of total illegal and irregular exercise of jurisdiction vested with the court below for condone or not to condone the delay in light of provisions of J&K Limitation Act, applicable to appeals by force of Section 22 of Agrarian Reforms Act 1976 and the rules there under. This illegal and irregular exercise of jurisdiction caused clear abuse of process of law. Hence in light of this legal backdrop, the matter needs indulgence of this Tribunal, by exercising its revisional supervisory jurisdiction to set right the illegalities committed by the court below;

ii. That the admitted position of record available with the court below now before this Tribunal, is that the mutation orders under appeals have been passed in ex-parte at the back of the petitioner in gross violation of Rule-14 read with Rule 55 of J&K Agrarian Reforms Act 1977. The Ld. Naib Tehsildar when passed the Sehat-e-Kasht mutation order No. 667/1 or the Ld. Tehsildar Settlement Pulwama when passed the mutation No. 1064 have not bothered to summon the petitioner for providing the petitioner a chance of hearing, despite the fact that doing so was a legal obligation to them. This legal and factual resume of case was a sufficient cause for condonation of delay, if any held by the court below. Otherwise, law of land is that if order has been passed in ex parte, the time will run from the date of knowledge against the party affected by the order. Hence on this count also, the impugned order passed by the court below is totally illegal and against the law and this is liable to be set aside;

iii. That the court below has also failed to provide a chance to the petitioner to establish the cause of delay in sub mission of appeals by leading evidence, as envisaged under law. The parties to the appeals and its affect on the passing of impugned mutation order by brother/their sons with regard to their own land as well as