LALLOO GIRI Vs. DEPUTY DIRECTOR OF CONSOLIDATION MIRZAPUR

JUDGEMENT

(1.) SHITLA Pd. Srivastava, J. Heard learned Counsel for the parties.

(2.) THE present petition has been filed by the petitioners for quashing the order dated 12-11-1981 passed by the Deputy Director of Consolidation, Mirzapur by which application for restoration was rejected.

(3.) THE relevant provisions of Sections 200 and 201 of the Land Record Manual are quoted hereinbelow :- ''200. Hearing in absence of party.-When ever any party to such proceeding neglects to attend on the day specified in the summons or on any day to which the case may have been postponed, the Court may dismiss the case for default or may hear and determine it exparte. " 201. No appeal from orders passed exparte or by default.-No appeal shall lie from an order passed under Section 200 exparte or by default. " Re-hearing on proof of good cause for non-appearance.-Bat in all such cases, if the party against whom judgment has been given appears either in person or by agent (if a plaintiff within fifteen days from the date of such order, and if a defendant, within fifteen days after such order has been communicated to him, or after any process for enforcing the judgment has been executed or at any earlier period), and shows good cause for his non-appearance, and satisfies the officer making the order that there has been a failure of justice, such officer may, upon such terms as to costs or otherwise as he thinks proper revive the case and alter or rescind the order according to the justice of the case. Order not to be altered without summons to adverse party.-Provided that no such order shall be reversed or altered without previously summoning the party in whose favour judgment has been given to appear and be heard in sup port of it. "