MAHBOOB KHAN Vs. MAZHAR ALI KHAN

JUDGEMENT

(1.) S. P. Pandey, J. These are two revisions under Section 331 of UPZA & LR Act, preferred against I he order dated August 5, 1997 passed by the learned Addl. Commissioner, Moradabad Division, Moradabad, allowing the ap plication for restoration and substitution dated 23-10-92 and 16-5-97 respectively. Since the parties as well as the facts are similar in the aforesaid two revisions as such these two revisions are being dis posed of by a common judgment and order. The revision No. 56 of ' %-97/ram-pur shall be the leading case.

(2.) BRIEF and relevant facts of the case are that during the course of proceeding of a 1st Appeal and revision between the same parties before the learned Addl. Commissioner, a restoration application dated 2-12-96 and moved to set aside the ex-pane order dated 23- 1 0-92 passed in the revision and 1st Appeal. An application dated 6-8-92 was moved to set aside the ex-pane order and decree dated 22-1- 90 On 16-5-97an application for subinstitution was moved with the prayer that the respondent O. P. Farzand Ali Khan has died as such his sons be substituted as his heirs and legal representative. The learned Addl. Commissioner by means of his order dated August 5, 1997 allowed the aforesaid ap plications subject 10 payment of Rs. 100 as cost to the respondent O. Ps. Aggrieved by this order the aforesaid two revisions have been preferred.

(3.) IN view of the discussions made hereinabove, I come to conclusion that this revision having force deserves to be allowed and the aforesaid impugned order dated 5-8-97 passed by the learned Addl. Commissioner is liable to beset aside.