KANHAIYA Vs. GAON SABHA

JUDGEMENT

(1.) THIS revision has been filed against the order dated 7-11-98 passed by learned Up-Ziladhikari Sadar Mau in a restoration proceeding commenced against the order dated 21-6- 86/5-6-93 in a case No. 77 under Section 229-B of the UPZA and LR Act.

(2.) BRIEFLY the facts of the case are that Kanhaiya instituted a suit which was decreed on 21-6-86. Amaldaramad of the same was carried out in revenue records. On 23-10-98 an application seeking recall of the order dated 21-6-86/5-6-95 was moved. The impugned order was passed on this application. Feeling aggrieved by the order dated 7-11-98 Kanhaiya has filed the present revision.

(3.) DURING the pendency of the case the village was notified for consolidation operation. On 28-11-2000 an application was moved on behalf of the opposite-party that the proceedings alongwith the suit be abated under Section 5(2) of the UPCH Act. It is settled principle that restoration or any proceeding arising therefrom would not abate. The proceedings would abate only if the suit gets restored. In these circumstances there is no question of passing any order for abatement under Section 5(2) of CH Act. A perusal of the order dated 21-6-86 shows that it has been passed after hearing both the parties and considering the material on record. The trial Court decided all the issues in favour of the plaintiff and decree the suit. The restoration application filed on 23-10-99 is inordinately barred by time. No explanation worth the name has been furnished to explain the abnormal delay in filing the restoration application. In these circumstances the restoration application was barred by time and deserve to be dismissed accordingly.