SUKHDEO Vs. JAGGOO

JUDGEMENT

(1.) THIS is a reference made by learned Additional Commissioner, Allahabad Division, Allahabad arising out of an order dated 4-3-1982 passed by SDO Phulpur District, Allahabad whereby restoration application against the order dated 2-11-1981 was dismissed by the trial Court.

(2.) BRIEFLY stated the facts of the case are that a suit under Section 229-B of the UPZA and LR Act was instituted for declaration of rights in respect of disputed plots detailed out at the foot of the plaint. In due course of time order dated 6-5-1977 and 27-5-1978 were passed by the trial Court which were challenged by an application. The trial Court after hearing the applicant in the matter passed order dated 2-11-1981 whereby orders dated 6-5-1977 and 27-5-1978 were recalled. Aggrieved by the order dated 2-11-1981 an application was moved by the present revisionist before the trial Court which stood rejected, hence the revision before the Commissioner Allahabad Division, Allahabad was preferred wherein the recommendation has been made by the learned Additional Commissioner to set aside the same.

(3.) I have heard the learned Counsels for the revisionist as well as for the opposite-parties.