JUDGMENT :

1. Heard Shri Ram Kishore Pandey, learned counsel assisted by Shri Sachin Ojha, learned counsel for the appellants and Shri W.H. Khan, learned Senior Counsel assisted by Shri Gulrez Khan, learned counsel for the respondents.

2. The following issues which arise for consideration in this appeal is that :

(i) Whether the document (order of Assistant Commissioner dated 04.10.1978) was admissible in evidence?

(ii) Whether on account of the failure of the appellant to object to admissibility of the said document at the time of its presentation before the learned court below precludes the appellants from raising such objections at a later stage in the proceedings?

3. The photocopy of the order dated 04.10.1978 was presented before the court along with the delay condonation application. The document was registered as 35C/169C by the learned appellant court. The delay condonation application was allowed by the learned appellate court on the foot of the aforesaid document. The order passed by the learned appellate court dated 01.05.2013 allowing the delay condonation application has attained finality. The appellants assailed the aforesaid order dated 01.05.2013 by instituting the writ