MAHENDRA SINGH Vs. SUKKHAD

JUDGEMENT

(1.) RAM Janam Singh, Member Mahcndra Singh and others have preferred this revision against the judg ment dated 29-10-96 passed by learned Additional Commissioner, Meerut with the allegation that both the Courts below have passed the order in question without considering the facts and merit of the case. Suit No. 33/176/86-87 under Section 229-B of the U. P. Z. A. and L. R. Act was preferred by Sukkhad against RAM Swaroop and others. The suit was contested by the par ties and was dismissed against which no appeal or revision was preferred before the competent Court. A restoration applica tion moved by Sukkhad and others for setting aside the order dated 18-10-38 which was allowed without any notice to the present revisionist. The revisionist moved an application before the trial Court with the allegation that the order dated 18- 10-88 was not an ex-pane order but it was passed on merit after hearing both the parties and by allowing the res toration application of Sukkhad and others an injustice has been caused to the 'present revisionist because they were not afforded to be heard before passing the judgment.

(2.) A perusal of the record shows that the restoration application was preferred against the order dated 18-10-88 which was an ex-parte order and it was not an order on merit. Hence before disposing of the res toration application of Sukkhad and others the other party should also have been summoned properly and after afford ing them an opportunity the said applica tion should have been decided on merits.