S.R.YADAV, j. - (1.) THIS is a revision againsl the order daied 19-8-96 passed by the Additional Commissioner, Faizabad Division, Faizabad, arising out of a suit under Section 229-B of UPZA and LRAct.
(2.) HEARD ihc learned Counsel for Ihe parlies and perused Ihe relcvanl papers on file. The learned Counsel for ihe revisionist appeared and narrated ihe history of the case and submitted that the burden of payment of cost was on the plaintiff to show it was with intime and not that of the revisionist that the Courts below did not consider the points involved in the matter as such, their orders be revised. In reply the above it had been sub­mitted that a preliminary issue was decided by the trial Court and the suit was found to be maintainable, that the order passed by the trial Court was interlocutory one and hence the same ought not to have been challenged and that the Additional Commissioner passed the proper order hence interference of this Court was un­called for in the matter.
(3.) AFTER hearing the parties and perusing the records it appears that a suit under Section 229-B of UPZAand LR Act was instituted for declaration of rights in respect of the plot in disputes detailed down at the foot of the plaint and after institution of suit notices were issued to othersides and on their pleadings as many as six issues were framed to adjudicate the bone of contention amongst the parties. Later on the trial Court passed an order in respect of issue No. 5 treating the same as preliminary issue and found that the suit was maintainable. The said order was passed on 6-8-96 by the Sub-divisional Of­ficer, Faizabad (now Ambedkar Nagar) and the parties were allowed to lead evidence in respect of their claims. The order dated 6-8-96 stood challenged before the Commissioner, Akbarpur, Faizabad Division, which has been heard and decided vide the Additional Commissioner's order dated 18-9-96 where by the first revision stood dismissed; it is now under challenge before the Board of Revenue, Allahabad.;