KAMLA DEVI Vs. NAGAR NIGAM

JUDGEMENT

(1.) THIS is revision petition under Section 333 of the UPZA and LR Act preferred against the order dated 23-8-1996 passed by the learned Additional Commissioner, Moradabad Division, Moradabad arising out of an order dated 1 8- 1-1.996 passed by the learned- trial Court in a suit tinder Seclion229-.BoftheUPZAndLRAct.

(2.) BRIEF and relevant facts of the ease are that the plaintiff, Smt. Kamla Devi, widow of Jagdish Prasad instituted as suit under Section 229-B of the UPZA and LR Act for declaration over the disputed land as detailed at the foot of the plaint. During the pendency of the suit, the learned trial Court passed an order on 18-1-96 to the effect that additional 4 issues be added to the issues already framed. Aggrieved by this order a revision petition was preferred. The learned Additional Com­missioner has upheld the aforesaid order passed by the learned trial Court and dis­missed the revision petition. Hence this second revision petition.

(3.) I have closely and carefully examined the matter in question and have also gone through the relevant records on file. Having scrutinized the matter in question, I find that to advance the ends of natural justice, the learned trial Court has correctly added the aforesaid four additional issues and the learned lower Revisional Court has rightly upheld the aforesaid order passed by the learned trial Court and dismissed' the revision petition. To me, it appears that to delay the proceedings of the case and to prolong the litigation this revision petition has been preferred as both the parties will have full opportunity of being heard and adducing evidence in favour of their claims, before the learned trial Court.