BALBIR SINGH Vs. MEGU RAM

JUDGEMENT

(1.) S. R. Lakha, Member. This reference has been made by the learned Additional Commissioner, Moradabad by his order dated 6-7-97 passed in Revison No. 1 of 96-97 recommending that the revision be allowed and the order of the trial Court dated 4-9-96 be set aside.

(2.) BRIEFLY the facts are that during the pendency of the suit Sheesh Ram moved an applicaton on 31-8-95 stating that Budha Singh son of Marhey Singh had died and that Balbir Singh and Jaipal Singh be added as parties. He prayed that he may be impleaded in place of Sukhe Singh. The learned trial Court by its order dated 4-9-96 ordered that Sheesh Ram be substituted in place of Sukhe Singh and Jaipal Singh and Balbir Singh son of Budha Singh be substituted in place of Budha Singh. This order was challenged in revision before the learned Additional Commissioner in which the present reference has been made.

(3.) AFTER scrutinising the material on record I do not see any reason to disagree with the view taken by the learned Additional Commissioner. Agreeing with the recommendation I allow the revision and set aside the order dated 4-9-96 passed by the tiral Court. Records of the Court below be sent back immediately. Revision allowed. .