POTAN Vs. GAON SABHA

JUDGEMENT

(1.) THIS is a revision petition preferred against the order dated 5-5-1993 passed by the learned Additional Commissioner, Varanasi Division, Varanasi arising out of an order dated 11-10-1983 passed by the learned trial Court in a suit under Section 229-B of the UPZ And LR Act.

(2.) BRIER and relevant facts of the case are that the plaintiff, Ganga instituted a suit under Section 229-B of the UPZ And LR Act against the IJ.P. State and the Gaon Sabha concerned for declaration over the suit land as detailed at the foot of the plaint. The learned trial Court decreed the suit ex-pane on 15-7-1974. Later on, a res­toration application was moved on 24-11-1981 to set aside the aforesaid order dated 15-7-1974. The learned trial Court by means of its order dated 11-10-1983 set aside the aforesaid order dated 15-7-1974 and restored the case to its original num­ber. Aggrieved by this order a revision petition was preferred. During the pen­dency of the revision an application for impleadment was moved on behalf of the opposite parties Nand Lal and Ors. The learned lower revisional Court by means of its order dated 5-5-1993 allowed the aforesaid application and passed an order to the effect that in the interest of justice Nand Lal is impleaded. Hence, this second revision petition.

(3.) I have carefully and closely con­sidered the contentions raised by the learned Counsel for the parties and have also gone through the relevant records on file. On a perusal of the records it is manifestly clear that the learned lower revisional Court has rightly allowed the application for impleadment moved on behalf of Nand Lal and Ors. To my mind, the learned Additional Commissioner has ad­vanced the ends of substantive natural jus-lice by imp leading Nand Lal so as to ad­judicate upon the matter in queslion properly and expeditiously. The learned Additional Com, is sioner has not com­mitted any error of fact, law or jurisdiction in imp leading the aforesaid Nand Lal.