B.L. Yadav, J. - (1.) By the impugned order passed by the Asstt. Settlement Officer Consolidation, it was held that the application under Section 5 of the Limitation Act shall be decided after the appeal is considered on merits. Same order has been maintained by the Dy. Director of Consolidation and the petitioners revision has been dismissed.
(2.) Having heard the learned counsel for the petitioner, I am of the view that when the appeal is taken up for hearing, the application under Section 5 of the Limitation Act shall be decided first and in case the delay is condoned, only then the appeal shall be disposed of on merits, otherwise the dismissal of application under Section 5 of the Limitation Act shall be sufficient for disposal of the appeal.
(3.) With these observations, the petition is dismissed summarily.;