PARAS NATH Vs. SHYAM NARAIN

JUDGEMENT

(1.) S. P. Pandey, Member. This is a second appeal against the judgment and decree, dated 14-7-1982, passed by the learned Additional Commissioner, Varanasi Division, Varanasi in Appeal No. 88/50 of 1965, abating the same being time barred.

(2.) BRIEFLY stated, the facts giving rise to the instant second appeal are that a suit under Section 229-B of the UPZA & LR Act (hereinafter referred to as the Act) filed by Deodatt, plaintiff before the learned trial Court against the defendants Shyam Narain etc. was dismissed, vide its judgment and decree, dated 16- 8-1984, against which an appeal was preferred, by the plaintiff on 23-4-1985 before the learned Additional Commissioner. Vide his order, dated 14-7-1992, the first appeal was abated, and it is against this order of abatement that the instant second appeal has been preferred by the plaintiff before the Board.

(3.) IN view of the above, this second appeal is accordingly, allowed, the impugned order, passed by the learned Additional Commissioner is hereby, set aside and the first appeal is hereby, remanded to him for disposal on merits, according to law, after affording an opportunity of being heard to the parties, concerned. Let records be returned forthwith, to the Courts concerned. Parties to appear before the Court concerned on 8-5-2003. Appeal allowed. .