- (1.) S. R. Lakha, Member. This revision has been filed against the order dated 3-1-2002 passed by learned Additional Commissioner, Moradabad in Appeal No. 32/99-2000 arising out of order dated 27-5-97, 14-7-97 and 26-8-97 and 8-12-99 passed by S. D. O. Nagina District Bijnore in Case No. 15a/97/1990 under Section 229-B of the U. P. Z. A. and L. R. Act.
(2.) BRIEFLY, facts are that Mahendra Singh instituted a suit under Section 229-B of the U. P. Z. A. and L. R. Act which was decreed on 27-4-95. Applications for restorations were moved. Orders were passed by the trial Court on 27-5-97, 14-7-97, 26-8-97. Application was moved to recall these orders alongwith an application under Section 5 of Indian Limitation Act which was dismissed on 8-12-99. Feeling aggrieved by this order Mahendra Singh filed an appeal before the learned Additional Commissioner who allowed the appeal and set aside the orders of the trial Court and remanded the case to it for fresh decision after giving the parties an opportunity of being heard. Against this order the present revision has been filed. I have heard the learned Counsel for the parties and perused the record. A perusal of the record reveals that the order in qeustion was passed by the learned Additional Commissioner after hearing both the parties and considering the entire material on record. By the impugned order he has restored the matter and has given both parties an opportunity to lead evidence and of being heard. The order is fair and serves the ends of justice. There is no illegality or any material irregularity in the order passed by the learned Additional Commissioner to justify an interference at this stage. Both the parties will have full and proper opportunity to have their say before the trial Court. I do not see any ground to interfere in this revision.
(3.) IN view of the above, the revision has no force and is dismissed. Revision dismissed. .;