SHAKUNTLA DEVI Vs. MANGAL BHAGAT

JUDGEMENT

(1.) This is a revision against the judgement dated 27-10-72 of the learned Additional Commissioner by which he allowed the appeal and remanded the case and set aside the judgement dated 4-2-72 of the trial court.

(2.) Heard the learned counsels for the parties and have also gone through the relevant papers also heard on the merit of the application for setting aside the ex parte decree.

(3.) The facts of the case in brief are that a suit under Sec. 229-B of U.P. Act No. 1, 1951 was filed on 1-2-68 by Smt Shakuntala against Mangal Bhagat, Gaon Sabha and State. Written statements signed by Mangal Bhagat along with the vakalatnama of Sri Bhrigunath Prasad, Advocate was filed on 3-4-1968. After that it so happened the suit was decreed ex parte on 3-12-68. On 9-12-1968 an application for setting aside the aforesaid order was filed and the same was dismissed on 4-2-72 by the trial court; but the lower appellate court has allowed the appeal and remanded the case. The present revision has been filed against this order.