Rajasthan Land Revenue Act, 1956–Sec. 182–Limitation Act, 1963–Sec. 5–Trial Court allowed the mutation appeal without considering the application u/s. 5–Order was reversed by Addl. Divisional Commissioner–Writ petition–Allowed by this Court and SDO was directed to decide the application u/s. 5 first–SDO dismissed the appeal as there was a gross delay–Addl. Divisional Commissioner observed that the matter is strong on merits and directed to SDO to decide the same on merits instead of going into the technical aspect of limitation–BOR rejected the revision–Instant petition–Parties are litigating for almost 25 years–Mutation entry was made in the year 1958–Held, SDO is
directed to decide the limitation application first and even if he is of view that the application for condonation of delay deserves to be rejected, he shall record a finding on the merits of the case so that if any higher authority deems it appropriate to condone the delay or otherwise, the matter can be examined on merits.
