SMT. KARORA DEVI Vs. CHANDRA BALI

JUDGEMENT

(1.) This is a defendant's revision petition against the order dated 16-11-1979 by the learned Additional Commissioner, Faizabad Division, Faizabad, allowing the suit to be withdrawn with permission to file a fresh suit on payment of costs.

(2.) I have heard the learned counsel for the parties and have also perused the record.

(3.) The suit u/Section 229-B of the UP ZA & LR Act had been dismissed on merits by the learned trial court and during first appeal, on the application of the plaintiff respondent that he had omitted to write in the plaint that Smt. Abbiraji had only a life interest in the land in suit and there was a fatal defect the impugned order was passed.