JUDGMENT Harper S.M. 1. This is a case under the Encumbered Estates Act in which the Special Judge sent a decree to the Collector for execution on 27th March, 1940. On March 14, 1940, the debtor put in an application to the Collector asking for delivery of possession u/s 35 of the Act of certain specific plots. Without any further inquiry the Collector gave the necessary order asked for. This was clearly contrary to the provisions of Section 35 as decrees granted by the Special Judge had not yet been sent to the Collector. When the decree was received it was found that the Special Judge had u/s 19(2) mentioned a half share in the property but had made no reference to specific plots. On April 2, 1940, the creditor put in an application which amounted to an application in review against the previous order. It was dismissed in default on 8th May, 1940. On 11th May, 1940, the creditor put in what amounted to a restoration application. This was dismissed on 20th July, 1940, on the ground that it merely repeated the previous application. This is the order now in appeal and it clearly shows complete misunderstanding of the suit. The orders passed in this case are a good illustration of the failure of Assistant Collectors to deal with Encumbered Estates Act cases with any judicial consideration. It makes the position of the aggrieved party very difficult and makes it necessary for the appellate Court to make corresponding allowances. The appeal is directed against all three orders. The order refusing restoration, the order refusing review and the original order directing delivery of specific plots. So far as the previous orders are concerned the benefit of the Limitation Act is given u/s 45(4). Parties have been heard. There can be no question that illegalities were committed. The decree of the Special Judge has now been received. I accordingly, subject to the concurrence of my Hon'ble colleague, allow the appeal with costs and Rs. 5 pleader's fees and direct that the Collector receive a fresh application to deliver possession u/s 35 in accordance with law.