DALVIR SINGH Vs. VIRENDER SINGH

JUDGEMENT

(1.) THIS Revision has been filed by Dalvir Singh against the order of Additional Commissioner Agra Division, Agra dated 20-3-1995 passed in Revision No. 67/1993 District Mainpuri arising out of the order of A.S.D.O. Mainpuri dated 21-4-1993 passed in suit No. 36/1992-1993 under Section 176 UP ZA & LR Act.

(2.) BRIEFLY stated the facts of the case are that Albel Singh and others filed an application dated 7-2-1990 in the Court of A.S.D.O. Mainpuri stating that the order dated 6-7-1989 is ex parte. No information was given to the applicant before passing the order. Therefore, the order dated 6-7-1989 be recalled. Another application dated 8-7-1992 was filed by Salig Ram stating that 1/3 part of the land in dispute has been purchased by him from Albel Singh and Laturi Singh. He also prayed for restoration of the case and recall of the order 6-7-1989. The A.S.D.O. Mainpuri allowed both the applications on Rs. 40 as cost on each application. The A.S.D.O. stayed the order dated 6-7-1989. A revision was filed against this order in the Court of Commissioner, Agra Division which was heard and rejected by Additional Commissioner Agra vide order dated 20-3-1995. Aggrieved by this order, the instant Revision has been filed in this Court.

(3.) THE Counsel for the Revisionist submitted that the order of Addl. Commissioner Agra dated 20-3-1995 is not based on facts and circumstances of the case. The A.S.D.O. Mainpuri has wrongly allowed the application of Albel Singh and Salig Ram and has wrongly restored the case to its original number. The order dated 6-7-1989 was passed after hearing both the parties and after seeing the evidence on record. On the other hand, the Counsel for the OP's submitted that the orders of Additional Commissioner and A.S.D.O. Mainpuri are just and proper and the same be sustained.