GULAB CHANDRA Vs. ADDL COMMISSIONER JUDICIAL/FIRST VARANASI

JUDGEMENT

(1.) ARUN Tandon, J. Heard Sri Sankatha Rai, Advocate assisted by Sri Ajay Kumar Singh, learned Counsel for the petitioner, Sri M. P. Srivastava, learned Counsel for the respondent No. 5 and learned Standing Counsel for the respondent Nos. 1 to 3. Nobody is present on behalf of the respondent No. 4 even in the revised reading of the cause list.

(2.) RESPONDENT No. 5, Bhuidhar alias Jairam son of Basanta alias Mataru, filed Original Suit No. 821 of 1997 under Section 229-B of the U. P. Zamindari Abolition and Land Reforms Act for declaration that he was the Bhumidhar of Plot No. 977 Ka area 1. 18 acre corresponding to old Plot No. 1157 situated in village Kariyanw, Pargana Ghisuwa, Tehsil Machhlishahr, Jaunpur. The suit so filed was directed to proceed ex parte under order dated 28th July, 1998 and thereafter the Sub-Divisional Officer dismissed the suit even after ex parte proceedings by means of the order dated 28th August, 1998. The plaintiff filed an application for review of the order of the Sub-Divisional Officer dated 28th August, 1998 dismissing the suit. The said application was filed on 9th September, 1998. On the review application an office report was submitted dated 11th September, 1998 wherein it was mentioned that in the original suit proceedings, an order for proceeding ex parte, against the defendant-petitioner had been passed and therefore it is not necessary to issue any notice on the review application to the defendants.

(3.) IT is contended on behalf of the petitioner that the procedure adopted by the trial Court/sub- Divisional Officer for the purpose of deciding the review application is manifestly illegal and in violation of the principles of natural justice. IT is submitted that even if the defendant-petitioner had not participated in the suit proceedings at the trial stage, it was mandatory for the trial Court to have issued notices to the defendants before proceeding to entertain and decide the review application on merits. IT is further submitted that despite specific pleas having been raised by the defendants in his revision before the Commissioner, the Commissioner has not taken note of the said contention nor he has recorded any finding in respect thereto. Petitioner contends that violation of principles of natural justice vitiates the entire proceedings, which have been taken against the petitioner and therefore both, the order of trial Court as well as of the Commissioner are liable to be set aside and the matter be remanded to the trial Court to decide the review application afresh strictly in accordance with law after affording opportunity of hearing to the petitioner.