ISHWAR DEO Vs. JAGDISH SARAN

JUDGEMENT

(1.) THIS is a ref­erence dated 20-9-96 made by the learned Additional Commissioner, Moradabad Division, Moradabad, in respect of revision No. 1 1/95-96/Moradabad with the recommendation that the revision al­lowed, order dated 16-8-95 passed by the learned trial Court be set aside and the learned trial Court be directed to decide the original suits instituted under Section 176/229-8 of UPZA and LR Act pending before it (after consolidating the same) in accordance with law affording due and reasonable opportunity of hearing to the parties concerned.

(2.) BRIEF and relevant facts of the case are that the O.P. Jagdish Saran instituted a suit under Section 176 of UPZA and LR Act. The suit was contested and was fixed for argument. Meanwhile the revisionist Ishwardeo instituted the suit under Sec­tion 229B of UPZA and LR Act in respect of plot No. 422 area 2.46D and plot No. 420 area 2.20 acre. In the suit under Section 176 of UPZA and LR Act an application was moved on behalf of the revisionist Ishwardeo on 1-1 1-94 to the effect that the proceedings in the suit under Section 176 of UPZA and LRAct.be stayed or both the suits be consolidated. The O.P. Jagdish Saran objected to this application. The learned trial Court dismissed the aforesaid application moved on behalf of Ishwardeo revisionist on 1-11-94. Aggrieved by this order, a revision was preferred. The learned Additional Commissioner has made this reference with the aforesaid recommendation.

(3.) I have carefully and closely con­sidered the submissions made by the leaned Counsel for the revisionist and have also gone through the relevant records on file. On close scrutiny of the records I find that the learned Additional Commissioner has properly examined the points at issue incorrect perspective of law and has drawn a plausible and convincing conclusion. In order to promote the ends of substantial natural justice and to facilitate its course, it would be quite just and proper to set aside the aforesaid order dated 16-8-95 passes by the learned trial Court and to direct the learned trial Court for decision on merits, in accordance with law after affording due and reasonable op­portunity of hearing and add ucing evidence in support of their claims. To my mind the learned lower Revisional Court has ad­vanced the cause of natural justice by means of the aforesaid order dated 20-9-96.