S.U.Khan - (1.) THIS writ petition is directed against judgment and order dated 24.12.2008 passed by D.D.C., Jaunpur in Revision No. 3227 of 2008, Babu Nandan v. State. For recalling the said order, an application was filed, which was rejected on 28.7.2009. That order has also been challenged through this writ petition.
(2.) REVISION was filed after 16 years. Petitioners filed objections to the delay condonation application, which are Annexure-5 to the writ petition. Objections were supported by affidavit, which is Annexure-6 to the writ petition. However, learned D.D.C. in his order dated 24.12.2008 simply mentioned that there was no objection to the delay condonation application, hence in the interest of justice delay was being condoned. Firstly there was very serious objection. Secondly, delay of 16 years cannot be condoned in such a cryptic manner without even mentioning in the order the reason of condonation of delay mentioned in the delay condonation application. I am constantly finding that litigants, advocates and consolidation authorities are labouring under the misconception that under consolidation, there is no concept of limitation. Such mind-set requires to be changed. In respect of other claims, expiry of period of limitation only bars the remedy but not the right. However, by virtue of Section 27 of Limitation Act, in respect of claims to properties particularly immovable properties, expiry of period of limitation bars both, i.e., remedy as well as right (popularly known as maturity of title by adverse possession). On the principle of the said Section, delay condonation application in appeal/ revision involving right, title or interest in immovable property must be construed more strictly.
(3.) ACCORDINGLY, learned counsel for the respondent No. 2, the only contesting respondent, who has appeared through caveat, i.e., Sri B. P. Yadav, learned counsel is directed to file counter-affidavit within one month. Rejoinder-affidavit may be filed within one month thereafter. List for admission after four months.;