Gopal Krishan Vyas, J. - (1.) HEARD learned Counsel for the parties.
(2.) IT is contended by learned Counsel for the petitioner that vide order dt. 26.02.2004 (Annex. -4) after taking all grounds, evidence and considering report for better irrigation facility, Executive Engineer, Irrigation Department, Suratgarh Branch, Division Office, Sri Vijayangar, Distt. Sriganganagar has sanctioned additional Naka on the mid point of Killa Nos. 2 and 3 after adopting whole legal process. Against the said order, respondent No. 5 Raja Ram being power of attorney holder of Smt. Snesta Devi D/o Late Shri Mohan Lal, whose agriculture field situated in said area, filed an appeal on 16.07.2004 and the Appellate Authority has allowed the appeal and set -aside the order passed by the Executive Engineer, Irrigation Department, Suratgarh Branch, Division Office, Sri Vijaynagar, Distt. Sriganganagar. It is contended by learned Counsel for the petitioner that as per R.56 of the Rajasthan Irrigation and Drainage Rules, 1955 (for short 'the Rules of 1955 ' hereinafter) there is limitation prescribed and according to that the period for filing appeal is 30 days from the date of the order, but in this case the appeal was filed after four months and no application under Section 5 of the Limitation Act was filed alongwith the appeal, therefore, the order is not in consonance with R.56 of the Rules of 1955. R.56 of the Rules of 1955 reads as under: 56. Limitation for appeals. - -Except as is otherwise provided in the Act or in these rules under the Act or these rules, shall be filed within the period of 30 days from the date of the order appealed from and an appeal presented thereafter shall not be entertained.
(3.) IT is further contended by learned Counsel for the petitioner that the original owner of the land Mohanlal died and thereafter, this appeal was filed and no appeal was filed by Mohanlal in his life time within stipulated time and the Executive Engineer passed an order after considering all facts and documents and also after issuing notice to all concerned. Therefore, the order is in consonance with the provisions of law, but it has been set -aside, without condonation of delay and even without any application under Section 5 of the Limitation Act.;