MUNNAN KHAN Vs. MEWA RAM

JUDGEMENT

(1.) Munnan Khan has preferred this revision against the order dated 25th Sept., 1970 of Additional Commissioner, Rohilkhand Division, Bareilly dismissing Appeal No. 8/16 of 1969 and confirming the order dated 9-4-1969 of Assistant Collector First Class, Rampur rejecting the restoration application and refusing to set aside the ex parte decree in suit No. 1 of 1969.

(2.) Mewa Ram, plaintiff-opposite party had filed the suit against the revisionist Munnan Khan and U. P. State under Secs. 116/118 of Rampur Tenancy Act on 15-10-1965. Defendant No. 1 Munnan Khan did not appear in the case and it was decided ex parte on 27-12-1965. On 11-11-1968 Munnan Khan, revisionist, filed a restoration application challenging the service in the case on him and alleging that he was at Gurgaon for the last four years and he knew about the decision of the case when he returned from Gurgaon and that he had no earlier knowledge. The restoration application was opposed by opposite party Mewa Ram, plaintiff, on the ground that Munnan Khan was in Rampur and he had refused to take the summons of the case. The trial court of Judicial Officer on 9-4-1969 dismissed the restoration application of the revisionist. Munnan Khan preferred an appeal to the Commissioner. The learned Additional Commissioner has dismissed the appeal. Munnan Khan has now come in Revision to the Board.

(3.) I have heard the learned counsel of parties and have gone through , the records of the case with them.