CW 6018/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.6018/07 Ashraf & Ors. Versus Board of Revenue & Anr. DATE OF ORDER : 09/03/2009 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Rahul Kamwar for Mr. G.C. Garg, for petitioner Mr. Rajesh Sharma, for respondent *** Instant petition has been filed by petitioner assailing order of Deputy Collector, Bharatpur Ann.2 dt.26th July, 2002 and so also Board of Revenue dt.4th May, 2007 whereby while accepting application filed by respondent U/O 9 R.13 CPC read with Sec.5 of Limitation Act remitted the matter back to SDO to decide the same afresh in accordance with law. Present petitioner filed a revenue suit and it appears that notice was not served upon the effected respondent and initially ex-parte proceedings were initiated on 2nd July, 1998 - as a consequence whereof, suit was decreed on 19th August, 1998. However, on application filed by respondent U/O 9 R.13 CPC read with Sec.5 of the Limitation Act, matter was finally decided by Deputy Collector, Bharatpur on 26th July, 2002 in CW 6018/07 [2] which it was observed that service was not properly effected upon the respondent and reasonable ground was available for accepting his application filed U/O 9 R.13 CPC and delay in filing application was also condoned – against which petitioner preferred revision petition before Board of Revenue which was dismissed on 4th May, 2007. I have heard counsel for parties and find no manifest error in the order of Board of Revenue Ann.3 which may call for interference. Consequently, writ petition fails and is hereby dismissed. [AJAY RASTOGI], J. FRBOHRA6018CW07 9-3.doc