CHANDRA BHAN SINGH Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard the counsel for the parties.

(2.) The present writ petition has been filed challenging the order dtd. 23/11/2020 passed by the Board of Revenue, Uttar Pradesh at Prayagraj.

(3.) The facts of the case are that the predecessor of respondents - II set filed a suit under Sec. 229-B of the Uttar Pradesh Zamindari Abolition and Land Reforms Act, 1950 (hereinafter referred to as, 'Act, 1950') for declaration of their rights over the suit property. After the promulgation of Uttar Pradesh Revenue Code, 2006 (hereinafter referred to as, 'Code, 2006'), the suit has been re-numbered as Original Suit No. 4165 of 2016 under Sec. 144 of the Code, 2006. The plaintiff in the aforesaid suit, i.e., the predecessor of the respondents - II set died on 20/12/2014 and the respondents - II set filed an application under Order 22 Rule 3 of the Code of Civil Procedure, 1908 for being substituted as plaintiffs in place of the original plaintiff. The application was filed on 30/3/2017 and as the same was belated, therefore, a delay condonation application was also filed. The trial court, i.e., the Deputy District Magistrate, Ballia vide his order dtd. 5/11/2020 rejected the delay condonation application and the substitution application and, consequently, declared the suit as abated. While passing the order dtd. 5/11/2020, the trial court considered the different circumstances which went to show that the respondents knew about the proceedings in the case and also knew about the requirement in law to file a substitution application in the case. The respondents challenged the order dtd. 5/11/2020 passed by the trial court before the Board of Revenue, Uttar Pradesh at Prayagraj through Revision No. REV/1712/2020/Ballia (Computerized Case No. AL20201509001712) which has been allowed by the revisional court vide its order dtd. 23/11/2020. Through its order dtd. 23/11/2020, the Board of Revenue has directed the trial court to allow the substitution application after condoning the delay in filing the same and to expeditiously decide the suit on merits. The order dtd. 23/11/2020 has been challenged in the present writ petition.