B.J. Shethna, J. - (1.) The petitioner has challenged in this petition the impugned order at Annex. 8 dated 11.7.96 passed by the Addl. Registrar, Co-operative Societies, Laxmi Nagar, Jodhpur whereby he allowed the revision petition filed by Jagdamba Grah Nirman Co-operative Society, respondent No. 4 only on the short ground that the appeal filed by the present petitioner-appellant before the Appellate Authority, was hopelessly time barred, therefore, the appellate authority could not have decided the appeal on merits without condoning the delay in filing the appeal late. From the order of the appeal (Annex. 5) it is clear that though served no one bothered to remain present personally before the Appellate Authority. In that view of the matter, the appeal was allowed though it was filed late. The respondent No. 4 society cannot then make a grievance in revision before the revisional authority that the appellate authority wrongly allowed the appeal though it was time barred. That apart, the Apex Court in the case of The Collector, Land Acquisition Anantnag v. Mst. Katiji AIR 1987 SC 1353 has held that the matters are required to be decided on merits and it should not be thrown out on the technical grounds like limitation etc.
(2.) In view of the above, this petition is allowed, the impugned order at Annex. 8 passed by the revisional authority allowing the revision petition filed by the respondent No. 4 society is set-aside and the matter is remanded to the Addl. Registrar, Co-operative Societies, Laxmi Nagar, Jodhpur to decide the same on merits in accordance with law. Writ Petition Allowed.;