Mahendra Singh vs Sukkhad

Ram Janam Singh, Member.

Mahcndra Singh and others have preferred this revision against the judgment dated 291096 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. 33/176/8687 under Section 229B 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 parties and was dismissed against which no appeal or revision was preferred before the competent Court. A restoration application moved by Sukkhad and others for setting aside the order dated 181038 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 181088 was not an expane order but it was passed on merit after hearing both the parties and by allowing the restoration 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.

A perusal of the record shows that the restoration application was preferred against the order dated 181088 which was an exparte order and it was not an order on merit. Hence before disposing of the restoration application of Sukkhad and others the other party should also have been summoned properly and after affording them an opportunity the said application should have been decided on merits.

Without expressing any opinion on the merits of the case, lam of the view that the order in question is an exparte order and was passed without affording an opportunity to the oppositeparty the present revisionist. Hence the revision is allowed and the case is remanded back to the learned trial Court for hearing both the parties before deciding the case on merits.

Revision allowed.