- (1.)This special appeal is directed against the judgment of G.C. Mathur, J. dated 29-4-1966, dismissing Writ Petition No. 1934 of 1963, filed by the Petitioner Samharoo.
(2.)The Respondents 5 to 7 had filed objections Under Section 9(1) of the Consolidation of Holdings Act (hereinafter called the Act). The objections were filed beyond time. The aforesaid Respondents therefore made an application Under Section 5 of the Limitation Act for condoning the delay. The Consolidation Officer condoned the delay by his order dated 29-9-1962. Against the order condoning the delay the Petitioner appealed Under Section 11(1) of the Act. This appeal was allowed by the Settlement Officer (Consolidation) and the order of the Consolidation Officer condoning the delay was set aside. Thereupon the Respondents 5 to 7 filed a second appeal Under Section 11(2) of the Act. The Deputy Director of Consolidation, holding that no appeal lay against the order of the Consolidation Officer, allowed the second appeal and restored the order of the Consolidation Officer. The Petitioner then made an application Under Section 48 of the Act to the Director of Consolidation to revise the order of the Deputy Director of Consolidation. That revision application was dismissed by the Director of Consolidation. Thereafter the writ petition giving rise to this special appeal was filed in this Court.
(3.)The only submission that was made before G.C. Mathur, J. was that the view of the Deputy Director of Consolidation and of the Director of Consolidation that no appeal lay against the order of the Consolidation Officer allowing the application Under Section 5 of the Indian Limitation Act is incorrect. The learned single Judge rejected the submission made on behalf of the Petitioner-Appellant and dismissed the writ petition.
Sec. 11 of the Act reads:

11 (1) Any person aggrieved by the order of the Assistant Consolidation Officer Under Section 9 or the Consolidation Officer Under Section 10, as the case may be, may, within twenty one days of the date of the order, file an appeal before the Settlement Officer (Consolidation) who shall, after affording opportunity for hearing to the parties concerned, give his decision thereon, which shall, except as otherwise provided in Sub-section (2), be final and not questioned in any court of law.

The only question that calls for consideration is whether an order allowing an application Under Section 5 of the Limitation Act would bean order Under Section 9 or Section 10 of the Act.

Section 10 of the Act reads:

10. The annual register shall be revised on the basis of the orders passed under Sub-section (1) and Sub-section (2) of Section 9-A. It shall thereafter be prepared in the form prescribed and published in the unit.

(2) Where any entry in the annual register, published under Sub-section (1), is modified in pursuance of an order passed under this Act or under any other law, a reference to the order along with an extract of its operative portion shall be noted against the said entry.