DHIRAJ SINGH Vs. GAON SABHA

JUDGEMENT

(1.) THIS revision has been filed by Dhiraj Singh and others against the order dated 28-6-99 passed by Up- Ziladhikari, Karvi arising out of a suit No. 32/145 under Section 229-B of the UPZA and LR Act.

(2.) BRIEFLY the facts of the case are that Dhiraj Singh and others instituted a suit against State and Gaon Sabha. After recording the evidence of the parties the trial Court passed an order dated 26-8-96 decreeing the suit of the plaintiffs. One Ramji Lal son of Brij Lal moved an application on 26-12-96 for recalling the order dated 26-8-96. The case proceeded before the trial Court. On 26-8-99 trial Court recalled the order dated 26-8-96. Feeling aggrieved by this Court Dheeraj Singh and others have filed the present revision.

(3.) A perusal of the record reveals that Ramji Lal son of Brij Lal had not been impleaded as a party in the original suit before the trial Court. The order dated 26-8-96 have been passed on merit, after considering the evidence adduced by the parties and giving them a chance of hearing. As a matter of fact the order dated 26-8-96 was not an ex parte order. Apart from this Ramji Lal was a third person and had no locus standi to move the application for recalling the order dated 26-8-96. The application moved by him was not maintainable and ought to have been rejected. In case Ramji Lal feels that he has any right in the land in question it is open to him to get the rights declared by filing a regular suit but he has no authority to seek recall of the order dated 26-8-96. The learned trial Court acted illegally and with substantial irregularity in the exercise of jurisdiction in passing the impugned order.