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2024 Supreme(Online)(MP) 35491

HIGH COURT OF MADHYA PRADESH
Sanjay Mathur – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Jai Prakash Mishra,Advocate General

ORDER

Challenge is made to the order dated 02.08.2018 passed by Board of R e v e n u e , Madhya Pradesh, Gwalior in case No.Appeal- 3635/2018/Shivpuri/Stamp Act, whereby appeal filed by the petitioner has been dismissed as time barred.

It is submitted by learned counsel for the petitioner that he has filed a time barred appeal before the Board of Revenue against the judgment and order dated 27.12.2017 passed by Additional Commissioner, Division Gwalior in case No.650/2015/2016/Appeal under Section 47 of the Indian Stamp Act, 1899 along with an application under Section 5 of Limitation Act, alleging that the impugned order dated 27.12.2017 was not brought to his notice by his Advocate. He came to know about the impugned order on 25.05.2018 when he met to his Advocate. After getting certified copy, appeal was filed, which was barred by Limitation for about four months.

Admittedly, appeal was filed time barred and Board of Revenue did not find sufficient ground to condone the delay and rejected the application under Section 5 of Limitation Act. Thus, appeal stood dismissed accordingly. Learned counsel for the petitioner fairly submits that he could not file the appeal within time due

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