UDAI Vs. SHRI RAM

JUDGEMENT

(1.) The facts are : Shri Ram institutes a law suit under Sec. 229-B Z. A and L.R. Act for declaration of bis tenurial rights in land in suit. Defendant Udai files a written statement refuting the claim. Issues are framed. A date is fixed to enable plaintiff Shri Ram to lead his evidence. From 12-1-1978 to 17-2-1978. Then 31-3-1978 to 13-9-1978, 19-10-1978 to 13-12-1978. After five dates the court passes an order closing further opportunity to lead evidence. This order creates a problem. On 6-1-1979 plaintiff Shri Ram moves to set aside the order dated 13-12-1978. On 18 7-1979 his motion is rejected.

(2.) On the same day 18-7-1979 Shri Ram moves for a second time. Again the same day this motion is rejected. The case is listed for defendants evidence for 26-7-1979. On this date the court enters an order dismissing plaintiffs suit.

(3.) Aggrieved by the order, plaintiff Shri Ram moves an application on 26-7-1979 to set aside the order of dismissal. On 27-7-1979 this application is allowed. Defendant Udai was not summoned nor heard. Straightway his revision in Commissioners. On 29-9-1981 Additional Commissioner submits a reference to set aside the order of trial court dated 27-7-1979. The reference dockets here for a definitive decision.