BHAGWAT SINGH Vs. RAJENDRA PRASAD

JUDGEMENT

(1.) This is a revision; preferred against the order dated 27.3.1997, passed by learned Additional Commissioner (Varanasi Division, Varanasi) in revision No. 18 of 1997, arising out of an order dated 22.1.1997, passed by the Trial Court on a restoration application, moved by the opposite-parties.

(2.) Briefly stated, the facts of the case are that a suit under Sec. 229-B of U.P.Z.A. and L.R. Act was instituted by the plaintiff-revisionist before the Trial Court. The aforesaid suit was decreed ex-parte on 31.12.1996. Later on, on a restoration application the learned Trial Court has recalled the aforesaid order dated 31.12.1996 and restored the case to its original number on 22.1.1997, and fixed 19.2.1997 for hearing. Aggrieved by this order a revision was preferred. The learned Additional Commissioner by means of his order dated 27.3.1997 has dismissed the stay application and has ordered the revision to be deposited with the permission of revival. Hence, the instant second revision.

(3.) Heard the learned counsel for the parties and pursed the relevant papers on file.