After 29 years case would not be restored
2) there is no sufficient cause for reopening case
Time barring of property disputes
Background: 1. In 1970, party A applied to land consolidation office (UP) for inclusion of name in a joint holding of land. The junior officer upheld the claim in the application, but on appeal to Deputy Director consolidation, the claim was rejected and was sent back to lower officer for disposal as per rules. 2. Notices were sent but no party (petitioner and dependent) presented themselves in front of consolidation officer and in mid 1990, consolidation officer closed the case and thus retaining the names in property as at the start of the case. 3. In 2019, one of the sons (who was aware of these proceedings from 1970 onwards), has filed an application to restore the case and the claim on this property citing he could not come earlier as he had relocated to different part of country due to employment. Original petitioner has been long dead. Questions: 1. As per the law, can the case be restored and will it not be time barred 2. Can there be any sufficient cause to reopen the case.
Asked 6 years ago in Property Law
Religion: Hindu
11 Answers
The case related to agricultural land. The case is being reopened and he must have filed an application for condoning the delay citing reasons whixh you have stated. A copy must have been given to the opposite party. The opposite party must vehemently oppose the application although the discretion lies with the judge.
Regards
1. See it is time barred but on explaining the delay in affidavit the case may he reopened and the delay is condoned.
2. Yes if it is explained and there is sufficient cause the case can reopen.
I dont think limitation applies here
The application for inclusion is not preferred against any party
As long as the applicant is the owner or has an interest in the subject property, he can file such application and if he is not alive then his legal heirs can pursue such application
Nops, it`s time barred
Fresh application will file.
1. it will be barred by limitation
2. if he is able to show as to why the delay has been caused and the court is satisfied with the said reason.
Regards
There is no time bar in non-judicial proceedings.
If it's time bound matter then you will be lucky.
Better u seek the detailed consultation by disclosing complete details in this case, so that exactly can be suggested to do.
1. The son being one of the LRs of the deceased petitioner, has to rope in all the LRs of the decesed and has to give convincing reasons that why did they not approach the authorities so far seeking restoration by giving day to day account for the delay in approaching the court seeking restoration of the case.
Then opposite party will be given notice and will be heard of their version to object the condone delay petition and also the LR implead petition.
You can strongly object to the same and gt the petition dismissed as not maintainable after so many years.
2. Sufficient cause has to be presented before court by the party seeking restoration to convince the authorities concerned.
Dear
The case cannot be restored after 29 years and is barred by limitation.
Relocation is not a sufficient cause for restoring the case.
