PYAG Vs. VIJAI BAHADUR

JUDGEMENT

(1.) The facts are : A law suit under Sec. 229-B, Z.A and L.R Act by Vijai Bahadur claims a declaration of tenurial right of a bhumidar tenant in possession. Defendant Pyag in a written statement in refutation is saying the suit is barred under Sec. 49 CH Act. Issues are framed ; Issue No. 5 is specific : "Whether the suit is barred under Sec. 49 CH Act?' A motion is to decide this issue as preliminary. On 15-9-1987 the trial judge enters an opinion that this issue will be decided along with all the rest.

(2.) A revision is filed by Pyag. On 9-1-1990 Additional Commissioner forwards a reference to set aside the order of trial judge ; to direct that issue No. 5 be tackled as of primary significance. The reference was docketed for a decision. 19-10-1991 this court rejects the reference on the ground that revision is not competent ; in support 1988 AWC 380 is relied upon. This order was passed in absence of revisionist Pyag. A restoration application ; the same is granted by the then Honourable Member Sri V. S. Panday. Further he too decides rejecting the reference. The counsel for Pyag moves Division Bench on the ground that restoration was alone argued and not the merite of the reference ; more, the order incorrectly notes his absence. We think it fit enough to allow the application in review ; the order dated 2-9-1992 goes down. The reference again comes up for hearing : no for the third time.

(3.) Heard the counsel for the parties and perused the record.