JUDGEMENT
Anjani Kumar, J. -
(1.) This writ petition arises out of proceedings of suits tiled by the plainly under section 229-B of U.P.Z.A.&L.R. Act (in short the Act). Petitioners are aggrieved by the impugned order passed by the Board of Revenue wherein the Board of Revenue has decided the second appeal filed before it against the petitioners. Learned Counsel for the petitioners has submitted that a second appeal lies against the judgement and order of lower appellate Court in view of the provisions of section 331 (4) of the Act which is reproduced below:
"331 (4) that a second appeal shall lie on any of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (V of 1903) from the final order or decree, passed in an appeal under sub-section (3) to the authority, if any, mentioned against it in column 6 of the Schedule aforesaid".
(2.) Learned Counsel for the petitioner has submitted that a perusal of section 331 (4) demonstrates that a second appeal shall lie to the Board of Revenue on any of the grounds specified in section 100 of the Code of Civil Procedure, 1908 (V of 1908) from the final order or decree, passed in an appeal under sub-section (3) to the authority, if any, mentioned against it in column 6 of the Schedule aforesaid.
(3.) Learned Counsel for the petitioner further relied upon section 341 of the Act which provides as under:
"341. Application of certain Acts to the proceeding of this Act. - Unless otherwise expressly provided by or under this Act the provisions of the Indian Court Fees Act, 1870 (VII of 1870), the Code of Civil Procedure, 1908 (V of 1908), and the [Limitation Act, 1963 (XXXVI of 1963)] [including section 5 thereof] shall apply to the proceedings under this Act.";
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