POPI Vs. PHOOL SINGH

JUDGEMENT

(1.) THIS is a revision under Section 333 of U.P.Z.A. & L.R. Act against the judgment and order dated January 24, 1998, passed by the learned Additional Commissioner, Moradabad Division, Moradabad arising out of an order dated April 6, 1993 passed by the learned trial Court in a suit in­stituted under Section 229-B of U.P.Z.A. & L.R. Act.

(2.) BRIEF and relevant facts of the case are that the plaintiff-revisionist instituted a suit under Section 229-B of U.P.Z.A.& L.R. Act, against the defendants respon­dents with a prayer that the plaintiff be declared Bhumidhar with transferable rights over the disputed holding, as detailed at foot of the plaint. During the proceedings of the ease an application dated 22-9-1992 was moved before the learned trial Court with the prayer that the ex-part order dated 22-9-1992 he set aside and an apport unity be afforded for filing objection to the application for imp lead meant dated 25-7-1992. The learned trial Court by means of its order dated 6-4-1993 has set aside the ex-part order dated 4-12-1992 and restored the ease. Aggrieved by this order a revision was preferred. The learned Additional Commissioner has up­held aforesaid order passed by the learned trial Court and dismissed the revision on January 24, 1994. Hence this second revision.

(3.) I have closely and carefully con­sidered the contentions raised by the learned Counsel for the parties and have also gone through the relevant records on file. From a bare perusal of the records, it is crystal clear that the learned trial Court by means of its order dated 6-4-1993 has set aside the ex-part order dated 4-12-1992 advancing the ends of natural justice between the parties. The learned Lower Revisional Court has also rightly upheld the afore said order dated 6-4-1993 passed by the learned trial Court and has dis­missed the revision.