JASWANT SINGH Vs. RAM PRASAD

JUDGEMENT

(1.) This is a second appeal, preferred against the order dated March 19, 1996, passed by the learned Additional Commissioner, Moradabad Division, Moradabad, arising out of an order, dated 19.7.1995, 27.5.1995 and 28.1.1994 passed by the learned trial court, during the proceedings of a suit under Sec. 176 of the U.P.Z.A. and L.R. Act.

(2.) Brief and relevant facts of the case are that the plaintiff-appellant instituted a suit under Sec. 176 of U.P.Z.A. and L.R. Act. The learned trial court has passed an ex parte order against the defendant-respondent Ram Prasad, as Ram Prasad did not appear before the trial court. The preliminary decree was passed on 28.1.1994 and the learned trial court had approved the lots, filed by the Lekhpal concerned on 27.5.1995. Final decree was prepared on 5.6.1995, later on a restoration application was moved, which was rejected by the learned trial court on 20.6.1995. Aggrieved by this order, an appeal was preferred on March 19, 1996. The learned Additional Commissioner has allowed the appeal, in part and set aside the aforesaid order, dated 19.7.1995, judgment and decree dated 27.5.1995 and the case was remanded to the learned trial court for decision or merits, in accordance with law after affording a reasonable opportunity o: hearing to the parties. Hence, this second appeal.

(3.) I have heard the learned counsel for the appellant. None appeared on behalf of the respondents, despite due notice. For the appellant it was contended that the aforesaid impugned order of the learned appellate court is erroneous in the eye of law, that it has failed to discuss and consider the relevant facts and circumstances of the instant case and has passed an illegal order which must be set aside that the judgment and order, passed by the learned trial court is quite sustainable and in accordance with law, as such, it must be maintained and the aforesaid impugned order, passed by the learned Additional Commissioner, passed against the facts and evidence, on record, is liable to be set aside.