Kisch, J - (1.)This is a defendant's appeal arising out of a suit for the recovery of a sum of money.
(2.)The facts are not in dispute. The defendant's father Khem Ram filed a suit in the village panchayat court against the present plaintiff Budhu. This suit was decreed ex parte for the sum of Rs. 48-11-0. Budhu applied to the Collector under Section 71, U.P. Village Panchayat Act, for vacation of the decree on the ground that the son of the plaintiff in that suit was one of the panchas. The Collector accepted the application and vacated the decree. Khem Ram objected that the information given to the Collector was incorrect, and ultimately the Collector, having ascertained that the plaintiff's son was not in fact one of the panchas who decided the suit, restored the decree. In execution of the decree the present defendants realised the decretal amount from the present plaintiff.
(3.)The plaintiff thereupon instituted the suit out of which this appeal arises for a declaration that the Collector had no power to review his order vacating the decree and for the recovery of the decretal amount.