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2013 Supreme(All) 2490

RAN VIJAI SINGH
JAIS LAL – Appellant
Versus
DEPUTY DIRECTOR OF CONSOLIDATION, JAUNPUR – Respondent


Advocates:
Counsel :
S.C. Tripathi for the Petitioner; C.S.C. for the Respondents.

JUDGMENT

Hon’ble Ran Vijai Singh, J.—This writ petition has been filed with the following prayers:

“1.To issue a writ of mandamus order or direction in the nature of mandamus commanding the opposite party No. 1 to decide the question of limitation firstly before deciding the revision No. 810 of 2013 on merit.

2. To issue any any other further writ, order or direction to which the petitioner be found entitled in law.”

2. Heard Sri S.C. Tripathi, learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents.

It is contended by Sri Tripathi that against an order dated 2.2.2011, passed in appeal No. 260/2010 (Ram Sagar and another v. Jais Lal and others), a revision was filed on 9.7.2013. Obviously, the revision was barred by time and thereafter, revisionist-opposite party has filed an application for condonation of delay in filing the revision. The petitioner has filed objection to the said delay condonation application. In the submissions of learned counsel for the petitioner, the Court is proceeding to decide the matter on merit without condoning the delay. In his submissions, unless the delay is condoned, the matter cannot be decided on merit. I




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