KAKA SINGH Vs. STATE

JUDGEMENT

(1.) THIS refer ence has been sent by the learned Addi tional Commissioner Bareilly Division by his order dated 27-3-93 in which he was recommended that the order of the trial Court dated 14-2-92 be set aside and the case be remanded to trial Court for decid ing the case afresh.

(2.) THE trial Court has rejected the restoration application dated 8-6-92 on the ground that the restoration applica tion is highly time barred and the same has no sufficient ground. THE trial Court has Decided the case on 7-1-88 without hearing the other party. Sri Kaka Singh has moved a restoration application on 6-6-92 against the ex-pane order dated 7-1-88. THE trial Court has rejected this restoration ap plication on 14-9-92 against which a revision was preferred before the Addi tional Commissioner and the learned Ad ditional Commissioner, Bareilly has recommended for setting aside the order dated 14-9-92 and he has also recom mended that the case should be Decided afresh on merits.