G.G. Sohani, J.

1. This petition, under Articles 226 and 227 of the Constitution of India, is directed against an order dated 7th January, 1970, passed by the Board of Revenue in Revision No. 170 2/68.

2. The brief facts giving rise to this petition are as follows :-

One Nandibai widow of Jala died on 9-9-1953. Respondents No. 2 and 3 made an application to the Tahsildar, Dhar, for mutation of their names in place of the deceased Nandibai. A similar application was also made by the petitioner. Both these applications were heard together as Mutation Case No. 56/1962 x 110. The tahsildar, by his order dated 31-12-1966 allowed the application of the petitioner. Against that order respondents No. 2 and 3 preferred an appeal to the Sub-Divisional Officer, Dhar, on 13-3-1967, being Appeal No. 70/ 1966-67. The Sub Divisional Officer, by his order dated 13-9-1967, dismissed the appeal on the short ground that it was barred by time as it was filed beyond the period of forty-five days prescribed by section 47 (a) of the Madhya Pradesh Land Revenue Code, 1959 (hereinafter referred to as the 'Code'. This decision was affirmed by the Additional Commissioner, Ujjain, in Second Appeal No. 171/1