SURAJ DIN Vs. JOINT DIRECTOR OF CONSOLIDATION ALLAHABAD

JUDGEMENT

(1.) KRISHNA Murari, J. Heard Sri Anil Bhushan learned Counsel for the petitioners, learned Standing Counsel appearing for respondent Nos. 1 to 4.

(2.) THOUGH the case has been taken up in revised list no one has appeared on behalf of Gaon Sabha.

(3.) IT has been urged by the learned Counsel for the petitioners that the judgment and decree passed in suit filed under Section 229-B operated as res-judicata inasmuch as decree was never set aside. IT has further been urged that though the restoration application was remanded back for fresh decision but there is nothing on record to indicate that the restoration application was finally decided and unless it is finally decided and the judgment dated 6-12-1965 set aside the same will continue to operate as res- judicata, and all the three Courts, below have wrongly and illegally allowed the objection without considering the effect of the said judgment and decree.