JAGAT : MUSAFIR : AWADHESH Vs. STATE

JUDGEMENT

(1.) THESE are three appeals filed against the judgment and order dated 19-7-89 passed by learned Additional Commissioner, Varanasi. Ap­peal No. 2 had been filed against the order passed in Revision No. 182 of 89. Appeal No. 24 has been filed against the order passed in revision No. 181 of 89 Musafir v. Gaon Sabha. Appeal No. 25 of 89-90 has been filed against the order passed in revision No. 183 of 59, Awadhesh Singh and Anr v. Gaon Sabha.

(2.) AS common points of fact and law are involved in all the three appeals for the facility and convenience all the appeals are being disposed of by a single judgment. Appeal No. 2 will be considered as the leading case.

(3.) IT may be mentioned here that two other revisions against the order passed by learned Additional Commissioner were filed before the Board. While disposing of those revisions the learned Member men­tioned that the order passed in that revisions would also govern the present revisions. Against this order three applica­tions were moved under Section 152 CPC. The Board by their order dated 4-12-89 held that the order dated 2-11-89 shall not govern the cases Awadhesh Singh v. State, Musafir v. State and Jagat and others v. State. An application to recall this order was filed on 29-3-90. The order passed by Board was under Section 152 CPC. The mistake was accidental omission and had rightly been corrected by the order dated 4-12-89. The application dated 29-3-90did not lie and is here by rejected.