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Dheeraj singh   09 June 2020

Land Revenue Act of Jammu and Kashmir

Can we file the appeal application under section 12 of land revenue Act against the order in which limitation period is over with application of condonation of delay. and plz answer of query with view
what is difference between appeal and application of appeal


Learning

 3 Replies

P. Venu (Advocate)     09 June 2020

Delay could be condoned if it could be satisfactorily explained, unless there are legal provision to the contrary. The general proposition is that there could be condonation in filing a civil suit.

P. Venu (Advocate)     13 June 2020

The last line of my earlier posting may be read as "The general proposition is that there NO could be condonation in filing a civil suit."

The error is regretted.



 

Malik and Romaan Law Offices (Kashmir)   08 August 2020

Mr. Dheeraj, 

I have read your query and deliver that you want file an appeal under section 12 of JK Land Revenue Act, which mentions the limitation to be 60 and 90 days respectively and dose not mention any power to condone the delay. But at the same time under section 15 of the Act powers are available with the Authorities to revise the order passed and also the application of Limitation Act leaves with the authorities power to Condone the delay on reasonable ground. Also if your case is a recent one the plea of Covid will definitely help you to get the delay condoned as the Hon'ble Supreme Court of India has passed an order in this behalf. 

Please let me know know if you need any more details, also please read the following judgment for better clarification 

https://indiankanoon.org/doc/97622347/

Regards 


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