SITA RAM Vs. BOARD OF REVENUE U P

JUDGEMENT

(1.) THIS petition under Art. 226 of the Constitution of India is directed against the orders dated 9-9-82 and 24-4-81 passed by the Board of Revenue and the Additional Commissioner respectively, allowing the impleadment application filed by respondent nos. 3 and 4 in a suit u/Sec. 176 of UP ZA and LR Act (for short the Act).

(2.) THE facts are few and controversy is still fewer. THE petitioners filed a suit no. 39/80 under section 176 of the Act for partition of 1/8 share against one Phakkar and others in respect of the land in village Chitanpur, while the petitioners filed another suit no. 40/80 in respect of the plots situate in village Dharna, Pargana Mawai, district Varanasi.

(3.) LEARNED counsel for the petitioners urged that as the suit filed on behalf of respondent nos. 3 to 5 has already been dismissed in respect of the land in dispute and they did not file any appeal or restoration against that order, hence that order became final and was binding on them. Further as their claim has already been rejected in respect of the land in dispute, they were neither legal, necessary, nor proper parties and the Board of Revenue has committed error in allowing the revision and impleadment application by the impugned order.