Gaon Sabha vs IInd Addl. District Judge Deoria and Others

S. Harkauli, J.—Heard learned Counsel for the parties and perused the record. ''

The instant writ petition has been filed before this Court against the order dated 5S1997 passed by the IInd Additional District Judge Deoria in Civil Appeal NO Nil of 1997. The appeal was rejected] as not maintainable on the ground that the person presenting the appeal was Sri Madhusudan Singh Advocate.

According to the reasons given by the appellate Court, the presentation appeared to be on behalf of Sri Mahavir Singh Advocate who had been authorised through the proposal of Gaon Sabha for contesting the suit of which the appeal arose.

Learned Counsel for the parties are not sure of the facts. However, it appears that the appellate Court has rejected the appeal on the technical grounds entering into analysing the result of Gaon Sabha and not taking into account the provisions of Order III, Rule 4 (2), C.P.C. and its explanation.

In these circumstances, the order of the IInd Additional District Judge dated 581997 contained in Annexure1 to the writ petition is hereby quashed. The writ petition is allowed. Matter is remanded back to that Court for decision afresh after giving the opportunity to the parties in accordance with law.

There will be no order as to costs.