CHHADAMI Vs. UMA SHANKAR

JUDGEMENT

(1.) THIS refer ­ence has been sent by the Additional Com ­missioner, Bareilly by his order dated 25 -1 -93 in which Additional Commissioner has recommended for setting aside the order passed by the trial Court dated 24 -1 -92.

(2.) BRIEF facts of the case are that in case No. 9/84 Mohan Lalv. Chhadami Lal and others, under Section 229 -B/202 of UPZA and LR Act order was passed by the learned trial Court on the basis of com ­promise on 2 -9 -86. A restoration applica ­tion was filed by Satyapal on 18 -8 -89 for setting aside the order dated 2 - 9 -86. On 24 -1 -92 learned trial Court has accepted the restoration application. Against this order revision was filed by Chhadami Lal etc. On 25 -1 -93 learned Additional Com ­missioner has recommended for setting aside the order of the trial Court on the basis that the order of the trial Court dated 2 -9 -86 was based on a compromise. Hence no restoration application lies against the order passed on the basis of compromise. Objection has been filed by the opposite -parties. It has been submitted by the op ­posite parties that order passed by learned trial Court was an interlocutory order. Hence no restoration lies against the order dated 24 -1 -92.