BHAIYA RAM Vs. BHAGAUTI

JUDGEMENT

(1.) GIRDHARI Lal, J. This second appeal has been filed against the order of the learned Additional Commissioner dated 23-4- 88 by which the learned Additional Commissioner has dismissed the appeal filed against the order dated 29-8-86.

(2.) BRIEF facts of this case are that a suit under Section 202 of the U. P. Z. A. and L. R. Act was filed by Bhagauti against the present appellants. The suit was finally ex parte decreed on 17- 12-85. An application to set aside the above order was made by the defendant appellants which was rejected by the trial Court on 29-8-86. Being aggrieved by the order first appeal was preferred before the learned Additional Commissioner which was dismissed on 23-4-88. Against the order of the learned Additional Commissioner this second appeal has been filed.

(3.) AFTER perusal of the record it is clear that original records has been weeded out by the trial Court and the original suit was not finally decided on merits but only suit was decreed ex parte on 17-12-1985. Therefore in the interest of justice the order passed by the trial Court dated 17-12-85 and 29-8-86 and the order dated 23-4-88 passed by the learned Additional Commissioner are set aside and the case is remanded back to the trial Court with a direction that after re-constructing the suit and after giving reasonable opportunity to adduce evidence to both the parties the trial Court should decide the case on merits. Appeal allowed. .