PUNNO Vs. SANJAY KUMAR

JUDGEMENT

(1.) THIS is a ref­erence made by the learned Addl. Com­missioner, Moradahad Division, Moradahad in respect of the revision No. 63 of 1994-95 district Rampur with his recommendation that the order dated 22-8-95 passed by the learned trial Court be set said.

(2.) BRIEF and relevant facts of the case are that the plaintiff-respondent Roshan Lal instituted a suit under Section 229-B of UPZA and LR Act for declaration in respect of the disputed land as detailed in para-I of the plaint. During the proceed­ings of the case one Sanjay Kumar moved an application dated 23-6-95 for implead-ment on the ground of a Will executed in his favour by the recorded tenure-holder of the suit land, Govind Ram. The learned trial Court allowed this application on 22-8-95. Aggrieved by this order a revision was preferred. The learned Additional Commissioner has sent this reference with an aforesaid recommendation for setting aside the order dated 22-8-95 passed by the learned trial Court.

(3.) I have carefully and closely con­sidered the contentions raised by the learned Counsel for the parties and have also gone through the relevant records on file. A bare perusal of the records reveals that for equity and fair play the learned trial Court has rightly allowed the aforesaid application on 22-8-95. The learned lower Revisional Court has utter­ly failed to examine the matter in question in correct perspective of law and er­roneously recommended for setting aside the aforesaid order dated 22-8-95 passed by the learned trial Court who has advanced the ends of the substantive natural justice between the parties by passing the aforesaid order on 22-8-95.