NAGAR NIGAM Vs. UMA MISHRA

JUDGEMENT

(1.) This is an application for review of my judgment dated 25.1.2002 passed in Second Appeal No. 1324 of 2000. The facts giving rise to the review application are as under : The suit was filed by the applicants-respondents against the appellant for restraining him from interfering in the peaceful possession of the applicants-respondents over Plot No. 96/1, area 0.065 hqt. and also restraining the appellant from interfering in raising boundary wall over it by the applicants-respondents. The suit was decreed by both the courts below, against which, the Nagar Nigam filed Second Appeal No. 1324 of 2000 which was allowed by me on 25.1.2002. The merits of the case were not considered in the second appeal and it was allowed only on the ground that the suit was bad for want of notices under Clause (1) of Section 571 of U. P. Nagar Mahapalika Adhiniyam, 1959. Request has been made for the review of the said judgment.

(2.) 1 have heard Sri J. Nagar, learned counsel for the applicants-respondents and Sri S.D. Kautilya, learned counsel for the Nagar Nigam and perused the record.

(3.) As already said, the second appeal was not considered on merits and it was simply allowed for the reason that the suit is barred under Clause (1) of Section 571 of U. P. Nagar Mahapalika Adhiniyam, 1959 as no notice was served prior to the filing of the suit as required by that section.