- (1.) This writ petition is directed against the judgment dated 3-1-1975 passed by Board of Revenue, dismissing the second appeal as abated on the ground that due to non-substitution of the heirs of Munni Lal-defendant within time, judgment of lower appellate Court became final and no conflicting decree could be passed, hence entire appeal was dismissed as abated.
(2.) Heard learned counsel for the parties.
(3.) Learned counsel for petitioner urged that Munni Lal was a formal party in the case filed under Section 176 of the U.P.Z.A. and L.R. Act. As he neither filed written statement nor contested suit, suit cannot abate due to non-substitution of a pro forma defendant, though application for substitution to substitute heir of Munni Lal, though barred by time, was not considered while dismissing the appeal.;