STATE Vs. RAM PYAREY
LAWS(ALL)-2000-5-198
HIGH COURT OF ALLAHABAD
Decided on May 11,2000

STATE Appellant
VERSUS
Ram Pyarey Respondents

JUDGEMENT

B.P.NILRATNA, J. - (1.) THESE are two revisions filed by State of U.P. and Gaon Sabha against the judgment and order passed by learned Additional Com­missioner, Allahabad in a case under Sec­tion 229-B of the U.P ZA and LR Act.
(2.) REVISION No. 12 of 95-96 has been filed against the order dated 14-8-95 passed in Appeal No. 8 of 1995 and Revision No. 13 of 1995-96 has been filed against the order dated 29-9-95 passed in review petition No. Nil seeking review of the order dated 14-8-95. Briefly the facts of the case are that Smt. Ram Pyarey wife of Jagannath in­stituted a suit for declaration under Sec­tion 229-B of the UPZA and LR Act which was decreed on 14-8-93. An application for setting aside the ex parte decree was moved by the Pradhan on 20-10-93 which was clearly barred by time. This restoration application was rejected on 7-2-94. Another application for restoration was moved and the trial Court by its order dated 22-3-95 allowed the application and passed an order that an opportunity be given to the Gaon Sabha. Feeling ag­grieved by this order Smt. Ram Pyari filed Appeal No. 8 of 95 before the Additional Commissioner, who allowed the same and set aside the orders dated 22-3-95. As a result of this order the suit of the plaintiff stood decreed. Aggrieved by this order Gaon Sabha and State filed a review peti­tion which was dismissed on 29-9-95. Now they have filed the present revisions.
(3.) I have heard the learned Counsels for the parties and perused the records of the Courts below carefully.;


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