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 to non-communication of order by his Advocate and if the appeal is heard on merit, he will get justice.

Learned Government Advocate formally opposed the arguments.

Heard learned counsel for the parties.

It is a settled proposition of law that limitation application should be treated with libral basis to just decision of case on merit, unless it is based on incorrect facts. In the present matter there is nothing on record to show that application was moved on wrong facts or knowingly it was moved time barred.

Considering the facts and circumstances of the case, petition is allowed. Impugned order of Board of Revenue dated 02.08.2018 is hereby quashed and set aside. Delay in filing the appeal is condoned. Matter is remitted back to the Board of Revenue to decide the appeal filed by petitioner on merit after providing full opportunity of hearing to the parties within a period of four months from the date of production of certified copy of this order.

(RAJENDRA KUMAR-IV) JUDGE bj/-