CHHABI LAL Vs. UTTAR PRADESH LAND DEVELOPMENT BANK

JUDGEMENT

(1.) HEARD Sri S.K. Mehrotra, learned counsel for the petitioner as well as Mr R.P. Singh, learned counsel for the opposite parties.

(2.) THROUGH the instant writ petition, the petitioner has challenged the order dated 21.3.2003 ( Annexure No.1 ), passed by the X th Additional District Judge, Faizabad in Miscellaneous Case No. 15 of 2000. Miscellaneous Case was filed for recall of the order dated 18.9.2000, passed by the III Additional District Judge, Faizabad in Civil Appeal No. 48 of 1995, treating the same as ex parte order, passed against the opposite party no. 3, Mukti Narayan Tewari. The learned Additional District Judge allowed the application at the costs of Rs.150/ - and set aside the order dated 18.9.2000, passed in the Civil Appeal No. 48 of 1995 and restored the appeal in its original number to decide it on merit.

(3.) THE Opposite Party No. 3 is the auction purchaser of the land in dispute. The petitioner is the tenure holder of Gata No. 22, admeasuring 7 Bigha 4 Biswa and 9 Biswanshi situate at village Bharthuwa Pargana Mejhaura district Ambedkarnagar. The petitioner denied from taking any loan but his land was auctioned against the loan on 19.6.1979 by the U.P. Land Development Bank Faizabad. Since the petitioner denied from taking any such loan, he challenged the auction being fraudulent before the Civil Court through a regular suit being Regular Suit No. 12 of 1990. It appears that opposite party no. 2 ( auction purchaser) transferred the land in dispute to the opposite parties no. 4 to 8 and when threatened the petitioner to take forcible possession over the land in dispute, the petitioner came to know about the said illegal transaction and then filed the suit by impleading the opposite party no. 3 as well as subsequent transferee of the land as opposite parties no. 3 to 8 to whom notices were served. They contested the suit. Ultimately, the petitioner's suit was decreed by the judgment and order dated 28.3.1995 passed by the Ist Additional Civil Judge (Senior Division), Faizabad . Against the aforesaid judgment two appeals were filed . One Civil Appeal No. 48 of 1995 was filed by Ram Narayan, defendant/ opposite party no 8. Another Civil Appeal No. 124 of 1995 was filed by the U.P. Land Development Bank. In both the appeals ,all the necessary parties were impleaded. Since both the appeals were filed against the same judgment and decree, they were consolidated and heard together by the appellate court. Court of Appeal dismissed the Civil Appeal No. 48 of 1995 filed by Ram Narayan vide its judgment and decree dated 18.9.2000. Learned counsel for the petitioner submits that due to over sight the Court of Appeal escaped from mentioning the fact that the order passed in Civil Appeal No. 48 of 1995 shall also govern the another Civil Appeal No. 124 of 1995. Thus, the Civil Appeal No. 124 of 1995 remained pending. Therefore, the petitioner filed an application under Sections 151/152 C.P.C. before the Court of Appeal to modify its judgment dated 18.9.2000 and extend the operation of its order, passed in Civil Appeal Nos. 48 of 1995 to the Appeal No. 124 of 1995 , so that the said appeal be also treated as decided in the same terms.