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Gauhati High Court · body

1950 DIGILAW 29 (GAU)

Karim Bepari v. State of Assam through D. C. Kamrup

1950-05-19

THADANI

body1950
In this case, Mr. Barman for the State of Assam has taken a preliminary objec­tion namely that the appeal is out of time. The objection must prevail. The order of eviction in this case was passed on 12-10-1949. The appeal should have been filed by 12-12-1949, but it was filed on 19-12-1949. No appln has been made for condoning the delay under S. 148 of the Regulation. Mr. Medhi has contended that after the order was passed on 12-10-1949, he raised certain objections which were decided after November; that may be so. There is no provision in the Regulation enabling a party to raise objections after an order of eviction has been passed. If the learned Deputy Commis­sioner entertained any objections after he had passed the order of eviction, they cannot be considered for the purposes of the law of limi­tation. The result is that the appeal is dis­missed with no order as to costs. V.S.B. Appeal dismissed.