Limitation act 1963 section 5, 14 and 17
Ahishek Shinde
(Querist) 17 August 2012
This query is : Open
Hi,
In 1987, my uncle had filed RTS appeal in Revenue Authorities court against partition mutation entry.
In the same year he also filed RCS suit for partition in Junior division of Civil court.
In 1991, first appellate court from Revenue Authorities (Sub-Divisional officer) gave judgement and order to re-partition the subject land.
In 1991 itself, RCS suit in civil court was dismissed as it was not containing all family members and all land and house property.
In 1992, my uncle modified the suit in civil court with correction of all lands and house property and also included all family members.
In 1995, second appellate authority (District collector) from Revenue court confirmed first appellate courts judgement and order.
Meanwhile, my uncle managed to enter his name on 7/12 giving reference to First and Second appellate orders from Revenue Authority. He mis-interpreted the order and entered his name illegally. He marked his share as one third though it was not in the order.
My father applied for revision to higher Revenue authority (Divisional commissioner) in 1995 itself. Now this revision has been came on the board for proceeding.
In revision proceeding my uncle produced certified copies of junior division civil courts order of his one fifth share. This order is given in 1996 and my father was absent for this civil court's proceedings. We were not aware about this order.
I am planning to appeal against civil court's order in district session court.
Can Limitation Act 1963 section 5, 14 and 17 help me in delay condonation?
RTS revision case is in proceeding in Revenue Commissioner's court about the same land.
Thanks,
Abhishek
