CHIMANBHAI BHAGWANBHAI Vs. MATHURBHAI JESANGBHAI SINCE DECEASED BY HIS L.RS.
HIGH COURT OF GUJARAT
Mathurbhai Jesangbhai since deceased by his L.Rs.
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(1.) It can easily be presumed that the Mamlatdar who was otherwise armed with suo motu powers was inclined to go into the question on merits in exercise of his suo motu powers.
(2.) It is further pertinent to note that the respondents neither before the Mamlatdar nor even before the Assistant Collector in appeal raised any contention regarding the present proceedings being barred by limitation. This, they had by their conduct waived the objection on the ground of limitation not only that but they joined the issues on merits, led evidence before the Mamlatdar and invited his decision on merits. Under these circumstances, the GRT was not justified in revision, in taking the view that the proceedings were barred by limitation and were required to be dismissed.
Rule made absolute. ;
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