1985 (2) TMI 315 - HC - Indian Laws

Restoration application filed within fifteen days of actual judgment under Section 201 deemed timely despite ex-parte proceedings

Radha Kishan Versus Dy. Director of Consolidation and Ors.

Radha Kishan Versus Dy. Director of Consolidation and Ors. - 1985 AWC 357 All Issues:1. Timeliness of restoration application under Section 201 of the U.P. Land Revenue Act.2. Interpretation of the term 'judgment' under Section 201.3. Application of statutory provisions of Sections 200 and 201 of the U.P. Land Revenue Act.4. Determination of the case ex-parte and its implications.5. Sufficiency of cause for allowing restoration application.6. Judicial interpretation of the term 'determine' under Section 203 of U.P. Land Revenue Act.Detailed Analysis:1. The primary issue in this case revolves around the timeliness of the restoration application filed under Section 201 of the U.P. Land Revenue Act. The Petitioner argued that the application was time-barred as the order to proceed ex-parte was passed on 13th September, 1979, and the restoration application was filed on 6th October, 1979. The Respondents contended that the application was within time as per the statutory provisions.2. The interpretation of the term 'judgment' under Section 201 was crucial in determining the validity of the restoration application. The court examined various definitions of 'judgment' from legal dictionaries to establish that a mere order to proceed ex-parte does not constitute a final judgment. Therefore, the timeline for filing the restoration application needed to be calculated from the date of the final judgment, which was 25th September, 1979.3. The court delved into the statutory provisions of Sections 200 and 201 of the U.P. Land Revenue Act to understand the procedural aspects of ex-parte orders and restoration applications. It was highlighted that the Act did not provide for the specific procedure of passing an order to proceed ex-parte, unlike the Code of Civil Procedure. The court emphasized the importance of adhering to the Act's provisions in such matters.4. The determination of the case ex-parte and its legal implications were thoroughly analyzed. The court clarified that unless a case is finally decided, it cannot be deemed as determined. Therefore, the Consolidation Officer's judgment on 25th September, 1979, marked the actual determination of the case, allowing the restoration application filed within fifteen days to be considered timely.5. The sufficiency of cause for allowing the restoration application was a contentious issue. While the Petitioner contested the grounds for restoration, arguing insufficient cause, the Consolidation Officer and Deputy Director of Consolidation upheld the decision based on their assessment of the facts. The court reiterated that the determination of sufficient cause is a factual finding and cannot be overturned under Article 226 of the Constitution of India.6. Lastly, the court examined the term 'determine' under Section 203 of the U.P. Land Revenue Act to clarify the process of determining a case ex-parte. Various legal dictionaries were referenced to establish that a case must be finally decided for it to be considered determined. This interpretation further supported the timeliness of the restoration application in this case.In conclusion, the court dismissed the writ petition, emphasizing that the restoration application was filed within the statutory timeline and that the decision to allow it based on sufficient cause was a factual determination. The case was remanded to the Consolidation Officer for expeditious consideration on its merits.