M. P. Singh, J. - (1.) - The petitioner is a defendant. The respondent no 4 filed a suit under section 229-B of the U. P. Zamindari Abolition and Land Reforms Act for declaration of bhumidhari rights.
(2.) . After examining all the witnesses, the plaintiff closed his evidence. Four witnesses were also examined on behalf of the defendant. 28-10-1985 was fixed for further evidence of the defendant. On 27-10-1985 the petitioner met with an accident and his one leg was fractured, as a result of which he could not appear on 28-10-1985. However, on that date tbe court closed the defendant's evidence and fixed 30-10-1985 for arguments. . On account of his inability, the defendant could not appear even on that day i e. 30-10-1985. After the arguments of the plaintiff, 14-11-1985 was fixed for delivery of the judgment. . In the meantime, on 6-11-1985 the defendant filed an application alongwith a medical certificate giving reasons for his non-appearance on 28th October, 1985. It was prayed in that application that the ex-parte order may be set aside and the defendant may be permitted to lead further evidence.
(3.) . The Sub-Divisional Officer rejected the said application on 14-11- 1985 holding that the ground for recalling the order was insufficient. . The Commissioner and the Board of Revenue affirmed the said order while dismissing the revisions filed by the petitioner. The present writ petition is directed against there orders.;