OM PRAKASH Vs. BOARD OF REVENUE AND ORS.

JUDGEMENT

(1.) Heard Sri Santosh Kumar Tiwari for the petitioner and Sri Rajesh Kushwaha for the caveator.

(2.) This writ petition has been filed against the order of Additional Commissioner dated 20.10.2009, by which the revision was allowed and the substitution application as well as consequential amendment application, have been allowed and the order of Board of Revenue dated 3.7.2015, dismissing the revision of the petitioner against the aforesaid order.

(3.) A suit was filed by Hari Shyam Mishra u/s 229-B, which was decreed ex parte by the order dated 21.6.1989. Thereafter, Daya Ram filed an application for setting aside the ex parte decree, which was initially rejected. However, another application was filed, which was allowed by order dated 19.6.1989. Hari Shyam Mishra challenged the order dated 19.6.1989 in revision. During pendency of the revision, Daya Ram died. Therefore, Hari Shyam Mishra substituted the heirs of Daya Ram in revision. The revision was finally decided by Additional Commissioner by order dated 24.7.2006, who allowed the revision and set aside the order, setting aside the ex parte decree and remanded the case to Trial Court for deciding the delay condonation application, before passing any order in the recall application. After remand, the heirs of Daya Ram filed an application for their substitution in the recall application, as well as consequential amendment application. The substitution application as well as amendment application were rejected by the Additional Sub Divisional Officer by order dated 11.12.2008. The aforesaid orders were challenged by the respondents in revision, which has been allowed by Additional Commissioner by the impugned order dated 20.10.2009. The petitioner challenged the order dated 20.10.2009 in revision before the Board of Revenue, which has been dismissed by the Board of Revenue. Hence, this writ petition has been filed.