AIR 1982 ALLAHABAD 240 ::1982 All CJ 213 ::(1982) 8 All LR 308 ::(1982) All WC 364

Allahabad High Court

Hon'ble Judge(s): R. A. Misra , J

(A) Limitation Act (36 of 1963) , S.5— Uttar Pradesh Consolidation of Holdings Act (5 of 1954) , S.9A(2)— Delay in filing objections under S.9A(2) - Condonation of delay - Words 'sufficient cause' should receive liberal construction so as to advance substantial justice - Held that no lack of bona fides or inaction could be computed to opposite parties who had indicated that they were not aware earlier of wrong entries in favour of petitioner - Delay condoned. AIR 1978 SC 537, Foll. (Para 4) (B) Uttar Pradesh Consolidation of Holdings Act (5 of 1954) , S.48(1)— Revision - Deputy Director could very well pass orders condoning delay although consolidation officer has rejected the application. Limitation Act (36 of 1963) , S.5— The Deputy Director of Consolidation in exercise of powers under S.48(1) of the Act can pass orders on question of facts as well as on law. The Deputy Director of Consolidation could, therefore, very well pass the order condoning the delay although the Consolidation Officer has rejected the application under S.5 of the Limitation Act filed by opposite parties. Whether delay should be condoned or not is in the discretion of the concerned authority. The Deputy Director of Consolidation has passed the i....