UDAI RAJ Vs. BOARD OF REVENUE

JUDGEMENT

(1.) Heard Sri Brijesh Kumar Pandey, learned counsel for petitioner and Sri R.K. Rathore, learned counsel for respondents.

(2.) In present case, a suit was filed petitioners under Sec. 229 of U.P. Zamindari Abolition and Land Reforms Act, which was decreed exparte vide order dtd. 7/7/1972, however, its copy is not on record.

(3.) The State thereafter filed an application under Order IX, Rule 13 CPC on 7/3/1986. The said application was dismissed for want of prosecution vide order dtd. 13/3/1987. Thereafter, one Baijnath claiming himself to be pairokar of State has filed a restoration application to recall the order dtd. 13/3/1987 and prayed that application filed by State under Order IX, Rule 13 CPC be restored and heard on merit.