IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10569 of 2001 MANGAL PD.BHAGAT & ORS Versus THE STATE OF BIHAR & ORS ----------- 3. 16.09.2008. Heard learned counsel for the petitioners and the State. 2. Petitioners are aggrieved by the order dated 30.06.2001 passed by the Sub-Divisional Officer, Barsoi, Respondent No.2 in Revenue Appeal No. 05 of 1999- 2000, Annexure-1, whereunder he has dismissed the appeal filed against the order dated 13.08.1993/20.08.1993 in B.T.Act Case No. 31 of 1994- 95, Annexure-2 as time barred. 3. It is submitted on behalf of the petitioners that had the appellate authority considered the grounds taken in support of the plea to condone the delay in filing the appeal, namely, that the order dated 13.08.1993/20.08.1993, Annexure-2 was passed against their father who was dead in the year 1968 itself then the delay in filing the appeal should have been condoned and the matter heard on merit. 4. Having heard counsel for the petitioners as also the counsel for the private respondents, I set aside the order dated 30.06.2001 passed by the Sub-Divisional Officer, Barsoi, Respondent No.2 in Revenue Appeal No. - 2 - 05 of 1999-2000, Annexure-1 and direct the petitioners and the private respondents to appear before the appellate authority on 20th October, 2008, whereafter the appellate authority shall hear the petitioners and the private respondents on the plea of limitation and thereafter condone the delay in filing the appeal and having condone the delay he should proceed to dispose of the appeal on merits in accordance with laws. 5. This writ application is, accordingly, disposed of. P.K.P. (V.N.Sinha,J.)