ACHCHAIBAR UPADHAYAY Vs. BRIJ BHUSHAN

JUDGEMENT

(1.) This reference by learned Commissioner, Azamgarh by order dated June 28, 1996 recommends that order of trial court dated 8.4.1996, entering name of Jalesar in records, be rescinded.

(2.) The facts are : Jalesar institutes a lawsuit under Sec. 229B, Z.A. and L.R. Act in the Court of Assistant Collector, First Class. On 26.3.1966, the suit is decreed. Aggrieved by the order defendant Dharamdeo's desparate motion to restore the suit to it's original as decree is vitiated on various counts. On 4.11.1966 trial Judge grants restoration ; the decree dated 26.3.1966 goes under.

(3.) Aggrieved by the order plaintiff Jalesar files a revision. On 14.12.1987 it is dismissed. The action at law shifts to court of first instance. An application by Achaibar, son of Dharmdeo, requesting that entry before the decree dated 26.3.1966 be restored as it's basis has gone. On 4.12.1995 trial Judge orders that name of Achaibar be restored ; to attain status quo ante.