PASADWA Vs. III ADDITIONAL DISTRICT JUDGE BANDA

JUDGEMENT

(1.) :-

(2.) THIS petition is directed against order passed by the Additional District Judge, Banda, under Sec. 13 of the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act). The petitioners are allottee of land which was declared surplus of respondent No. 8. It has been found that notice under Sec. 10 (2) of the Act was served on respondent No. 8 at a time when he was a minor without appointment of any guardian for him. On this finding the exparte order passed against him has been set aside and the prescribed authority has been directed to decide the objection of respondent No. 8 on merits.

(3.) LEARNED counsel for petitioner further argued that the objection filed by the petitioners was not maintainable as on two occasions he exercised the choice and, therefore, it was not open to him to file an application for setting aside of the ex-parte order. This argument is misconceived as it having been found that the petitioner was a minor and the notice was served on him without appointment of any guardian, the entire proceedings were void and the exercise of choice by petitioner did not operate as estoppel. Nor did it bar the opposite party from filing an application for setting aside of the exparte order on the ground that notice served on him was illegal and without jurisdiction.