RESHAM DEI Vs. MAHARAJ SINGH

JUDGEMENT

(1.) This petition has been filed with the prayer to quash and set the orders dated 16 th November, 2011 passed by the Board of Revenue (hereinafter to be referred in short 'BOR') dismissing the appeal against the judgment and decree passed by the Revenue Appellate Authority, Bharatpur, as also the order of 15 th March, 2012 dismissing the restoration application filed by the petitioner-appellant. It has been prayed that the appeal pending before the BOR be restored to its original number and be heard on merits.

(2.) The facts of the case are that the plaintiffs- respondents no. 1 to 6 (five sons and wife of deceased Lhore) filed a suit no. 293/1994 against the defendants- petitioners before the Assistant Collector, Dholpur for declaration and injunction, which came to be dismissed on 17 th September, 1994. Aggrieved of the judgment and decree dated 17 th September, 1994, the plaintiffs- respondents preferred one common first appeal before the Revenue Appellate Authority, Bharatpur, which was registered as Appeal No. 23/1995. The appeal was allowed on pleading of no instructions by the counsel appearing for the respondents in the appeal (petitioners herein), the judgment and decree dated 17 th September, 1994 passed by the Assistant Collector, Dholpur was set aside vide order dated 22 nd November, 2000 and the suit decreed. Aggrieved of the order dated 22 nd November, 2000, the petitioners preferred a second appeal before the BOR which was registered as Appeal No. 4978/2004.

(3.) That on notices being issued by the BOR, the respondent no. 1 Maharaj Singh appeared through his counsel. However, in spite of the fact that earlier all through, the respondents in the appeal before the BOR had appeared through one counsel as in the suit before the Assistant Collector, Dholpur, and before the Revenue Appellate Authority, Bharatpur in view of all being legal heirs of Lhore, before the BOR 5 of the respondents did not file their appearance, consequent to which the second appeal before BOR continued to remain pending for completion of service.