- (1.) THIS revision has been preferred against an order of the Sub-Divisional Officer, Sikar, dated 22. 6. 60, by which he has rejected an application for the restoration of a proceeding which he had dismissed in default. The reasoning that found favour with the learned Sub Divisional Officer is that the learned counsel for the opposite party raised an objection that no restoration of the proceeding for correction of entries was permissible and that the learned counsel for the applicant failed to produce any law or ruling against it. THIS revision has been heard ex-parte because of the opposite party remaining absent despite notice.
(2.) OBVIOUSLY the order of the learned Sub-Divisional Officer has been passed incomplete ignorance of the provisions of Sec. 65 (2) of the Rajasthan Land Revenue Act, 1956 referred hereafter as the Act, which reads, for the purposes relevant to the present case, as follows: - "65 (2) - The party against whom any order is passed under Sec. 61 may apply within 30 days from the date of such order to have it set aside on the ground he was prevented by any sufficient cause from appearing at the hearing and the revenue court or officer may, after notice to the opposite party and after making such enquiry as may be considered necessary, set aside the order passed. This provision of law gives right to a party whose proceeding has been dismissed in default under Sec. 63 (1) of the Act to apply for having the order set aside and at the same time to the revenue officer or court concerned ample powers to set aside such an order after giving notice to the other party and after making such enquiry as may be considered necessary. The learned Sub-Divisional Officer has therefore, failed to exercise the jurisdiction vested in him and an interference in revision is warranted. This revision is hereby accepted, the order of the learned Sub-Divisional Officer is set aside and the case remanded to him for hearing and determining the application for the setting aside of his order (dismissing the proceeding in default) in accordance with law keeping in view the observation made above. .;