STATE Vs. KEWAL SINGH

JUDGEMENT

(1.) The facts are on 23-5-1970 Kewal Singh institutes a declaratory law suit under Sec. 229-B, Z.A. & L.R. Act in Sub-Divisional Officer's Nighasan, Kheri. The pleading set forth a claim and contention that he had acquired the land; Khasra No. 8 areas 63 acres through a lease deed dated 24-5-1951 from Manager, State of Kheragarh. Since then his possession is continuing apace. In the settlement of 1373 Fasli instead of his, the name of Gaon Sabha, is entered in. In consequence thereof changed No. 81 kha, 285 kha and 215 kha. The relief for a declaration as sirdar tenant in possession is prayed for.

(2.) Defendants Gaon Sabha and State are presumed to be served. But no written statements are to raise a contest. On 1-7-1970 Additional Sub-Divisional Officer Shri Mohd. Ibrahim enters a decree.

(3.) On 12-10-1970 Shri Yoghesh Chandra, Collector, for State of U.P. and Shri R.S. Mathur, D.G.C. for Gaon Sabha move an application under Order IX, Rule 13, C.P.C. for suit's restoration. The grounds set for are (1) summon of State is neither issued nor served (2) a summon pretending personally serve D.G.C. has no concern with suit in hand (3) no summon is served on Gaon Sabha (4) There is no name of village, pargana and Tehsil in pleading to pin down the situation of the land (5) until 5-10-1970 they were not in the least aware of the decree (6) The ex parte is infected and causes a loss to public land admeasuring 63 acres.