LALLAN YADAV Vs. KRISHNA DEVI

JUDGEMENT

(1.) THIS is a revision application under Section 115 of the Civil Procedure Code against the order dated December 13, 1975 passed by the Second Additional District Judge, Allahabad.

(2.) BRIEFLY stated the facts are that the revisionist applied for al­lotment of an accommodation belonging to the opposite party. It was allotted in his favour. On January 18, 1975 the opposite party filed an appeal against it. December 1, 1975 was fixed for hearing of the appeal. On this date when the case was called on for hearing the revisionist, who was respondent in the appeal, went to call his learn­ed counsel, who was busy in another court. He returned with his counsel after an hour and in the meantime the learned Second Addi­tional District Judge took some additional evidence and allowed the appeal. The revisionist moved an application for setting aside the ex parte decision which was rejected by the Second Additional Dis­trict Judge on the ground that the learned counsel for the applicant appears to have remained absent intentionally and no satisfactory ground for restoration was made out. He also observed that even if he had heard the appeal on merits, he would have allowed it. It is against this order that the allottee has come up in revision.

(3.) THE learned counsel for the revisionist has contended that if for any reason the revision is held to be not maintainable, it may be treated as an appeal. The learned counsel for the opposite party has objected to it also on the ground that Section 37 of the Act attaches finality to the orders passed by the District Judge and, as such, nei­ther an appeal nor revision is maintainable against the order of the District Judge.