KHOOB SINGH Vs. CHARAT SINGH

JUDGEMENT

(1.) THIS is a second appeal preferred against the judg­ment and order dated May 7, 1996 passed by the learned Addl. Commissioner, Moradabad Division, Moradabad, arising out of an order dated February 22, 1995 passed by the learned trial Court in a suit under Section 176/209 of UPZA and LR Act.

(2.) BRIEF and relevant facts of the case are that one Charat Singh and plaintiff instituted a suit under Section 176/209 of UPZA and LR Act, implicating Nathu Singh and others as defendant in respect of the suit-land as detailed in para 2 and at the fool of the plaint. The learned trial Court has decreed the aforesaid suit and has ordered on 25-5-92 for the prepara­tion of final decree and on 26-4-93 Parowan Amaldaramad was also issued. On 15-6-93 an application was moved under Section 151/Ordcr IX, Rule 13 for setting aside the orders dated 25-5-92 and 26-4-93 with an application under Section 5 of Indian Limitation Act supported with an affidavit. The learned trial Court dis­missed the aforesaid application on 22-2-95. Aggrieved by this order an appeal was preferred. The learned Additional Com­missioner has also dismissed the appeal on 7-5-96. Hence this second appeal.

(3.) I have carefully and closely con­sidered the contentions raised by the learned Counsel for the parties and have also gone through the records on file. A bare perusal of the records reveals that the learned trial Court has not properly con­sidered the material and relevant aspect-of the facts and circumstances of the in­stant case in correct perspective of law and has erroneously dismissed the aforesaid restoration application. The learned lower appellate Court has also utterly failed to examine the points at issue in the instant case and dismissed the appeal.