AJEET SINGH Vs. KAILASH KANWAR

JUDGEMENT

(1.) The issue involved in this petition is "Whether an aggrieved person can challenge the impugned judgment before the higher appellate Court by seeking leave to file appeal wherein he was not a party? If the said judgment and decree is obtained by a person by misrepresentation and on the basis of concealment or incorrect facts. " It is in the above background the issue involved in this petition is required to be considered.

(2.) Since common question of law and facts are involved in these petitions, hence with the consent of counsel for the parties, all these matters are taken up for final disposal and are being decided by this common order.

(3.) By way of filing these petitions, the petitioners are aggrieved by the impugned order dtd. 11/10/2021 passed by the Revenue Appellate Authority, Alwar (for short "RAA') by which the appeal filed by the respondents under Sec. 96 of the Code of Civil Procedure (for short "CPC') and under Sec. 5 of The Limitation Act, 1963 have been allowed and the delay in filing the appeal has been condoned. Feeling aggrieved and dissatisfied by the order dtd. 11/10/2021, the petitioners submitted revision petitions before the Board of Revenue (for short "the Board') who vide impugned order dtd. 28/10/2022 has rejected the same. Feeling aggrieved and dissatisfied by both the orders dtd. 11/10/2021 passed by the RAA and 28/10/2022 passed by the Board of Revenue, the present petitions have been filed.