Amreshwar Pratap Sahi,J. - (1.) HEARD learned counsel for the petitioner Sri Dharam Vir Singh, Sri V.S. Rajpoot for the respondent no. 3, learned Standing Counsel for the respondent Nos. 1 and 2 and the learned counsel for the Gaon Sabha respondent no. 4.
(2.) A suit for partition was filed under Section 176 of the U.P. Z.A. & L.R. Act, 1950 between the petitioner and the father of the respondent no. 3. The said suit was decreed on the basis of an alleged compromise and the decree was drawn up on 17.8.2002. Soran Singh @ Sobran Singh is stated to have been murdered on 14.4.2004. The respondent no. 3 being his son, moved a restoration application in the said suit alleging that no notice had ever been served on his father nor had he entered into any compromise and that his signatures in the shape of Sobran Singh @ Soran Singh are forged. This application was moved on 16.5.2007. The restoration application was allowed on 27.8.2007 and the judgment and decree of the year 2002 was set aside.
(3.) THE petitioner preferred a revision against the same which has been dismissed by the learned Member, Board of Revenue holding that since the order was ex -parte, no prejudice has been caused to the petitioner and the petitioner can still raise his objections. It was further held that the order of restoration being interlocutory in nature the revision was not maintainable.;