C.L.VERMA, J. - (1.) THIS is a revision petition filed by Damodar and two others against the order dated 17-11-1988 passed by the learned Additional Commissioner, Varanasi Division, Varanasi in Revision No. 506/14 of 1987 arising out of a suit under Section 229-B of the UPZA and LR Act. By the impugned order the learned Additional Commissioner dismissed the revision and maintained the order passed by the Assistant Collector Ist Class dated 29-10-1987 by which he allowed the restoration application and set aside the ex parte decree dated 9-6-1967.
(2.) BRIEFLY the facts of the case are that in suit No. 178 under Section 229-B of the Act an ex parte decree was passed on 9-6-1967. On a restoration application being filed the learned trial Court condoned the delay in filing the restoration application and restored the suit to its original number. A revision was filed before the learned Additional Commissioner which dismissed. Now Damodar and others have come up in this revision petition before the Board. I have heard the learned Counsel for the parties and have also gone through the records of the case. The instant case a chequerred background and it has gone upto the Hon'ble High Court. The learned trial Court considered the matter in detail and exercised its discretion with due care and caution. It recorded a categorical and unambiguous finding that there was no proper service of notice on the Gaon Sabha. The learned trial Court was satisfied with the explanation furnished for the delay in moving the restoration application. It restored the suit and set aside the ex parte decree dated 9-6-1967. As a result the case got re-opened and an opportunity opened to both the parties to have their say. The learned Additional Commissioner agreed with the view expressed by the learned trial Court and dismissed the revision petition.
(3.) IT is an established principle of law that the restoration proceedings or any other proceedings arising therefrom is not abated under Section 5 of the UP CH Act. In this case a stay order was passed on 29-11-1980 and the stay order was vacated on 28-7-1989. This matter went in writ petition before the Hon'ble High Court. The Hon'ble High Court did not pass any order on merits of the case.;