SIDDHARTHA VARMA,J. - (1.) After the suit under Section 229-B of the U.P. Zamindari Abolition and Land Reforms Act, 1950 was filed by the petitioners' predecessor in interest and the same was decreed on 14.10.1997, the respondent-Gaon Sabha filed an application for the recall of the decree on various grounds on 13.02.2008. The Additional District Magistrate on 20.09.2008 after more than ten years recalled the order/decree dated 14.10.1997. Aggrieved thereof the petitioners have approached this Court.
(2.) Heard Sri A.R. Dubey, learned counsel for the petitioners. No one is present for the Gaon Sabha.
(3.) The contention of the petitioners is that the U.P. Zamindari Abolition and Land Reforms Act, 1950, by Section 341 has applied the Code of Civil Procedure, 1908 and the Indian Limitation Act, 1963, to the proceeding under the U.P. Zamindari Abolition and Land Reforms Act yet without applying the provisions of Order 9, Rule 13 of the Code of Civil Procedure and the provisions of Section 5 of the Indian Limitation Act, the Court below has allowed the application for the recall of the judgement and decree dated 14.10.1997, and therefore was an erroneous order.;