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While perusing the copies of impugned mutation orders, it is found that the date of attestation on the both mutation has not been mentioned which gives rise to doubts as to actual happenings. Moreover, the certified copies of mutations placed on record are merely parat-i-Patwar counter foils. The order on the said Parats are usually not written in detail and only give reference to contents of Parat-i-Sarkar. As such there is no detail as to whether all the parties were present at the time of passing of orders or has any effort been made to summon/call them. In addition, there are certain triable issues involved in the case like issue of change of Kasht and nature of soil and procedure adopted therefor. On the fact of it, there appears to be substance and merit in the appeals filed in this court and refusing to condone delay may result in miscarriage of justice.
On account of what has been discussed hereinabove, a lenient view is taken. The application for condoning of delay in filing the appeals is allowed and the delay is condoned. The matter shall come up on 16.4.19 for further proceedings.
The counsels for the parties are directed to furnish the certified copies of Parat Sarkars of all mutation order involved in the case as asked earlier. Record of court proceedings in Joint Agrarian Reforms Commissioner be also called for so that this count arrived at the just conclusion of the case. The parties are further directed to give the fresh particulars of legal representatives of deceased respondent no. 3".