D.K.Seth, J. - (1.) Original Suit No. 247 of 1995 was decreed by the learned Civil Judge (Junior Division), Hatbras against Gram Panchayat, Hatisa, Bhagwantpur, represented by Pradhan Upkhand Mursan Khand. Hathras. district Aligarh on 6th March. 1997. An appeal, being Civil Appeal No. 57 of 1997 was preferred by Smt. Asharfl Devi, wife of Sri Sukh Deo Sharma, resident of village Hatisa Bhagwantpur as Pradhan, Gram Panchayat, Hatisa, Hathras, district Aligarh. The appeal was dismissed for non-prosecution by the appellate court by its order dated 14th September. 1998. An application for setting aside the said order was filed by the appellants, which was registered as Misc. Case No. 58 of 1998. Against the said application, the petitioner filed his objection that the appeal at the instance of the appellant, would not be maintainable since the appellant was not the Judgment debtor. Inasmuch as the appeal can be preferred by the Judgment debtor, Gram Panchayat represented by the Pradhan, whereas the Pradhan in his personal capacity has filed the appeal. The learned appellate court by its order dated 17th November. 1999 passed by the Additional District Judge XIth Court, Aligarh allowed the said application for restoration. Mr. S. K. Singh. learned counsel for the petitioner contends that the said order was a one line order without adverting to the objection raised on behalf of the petitioner about the maintainability of the appeal while restoring the appeal. Therefore an application for review was filed by the petitioner. which was numbered as 25Ka in Civil Appeal No. 57 of 1997. By an order dated 27th July, 1999, the said review application has since been dismissed by the learned Additional District Judge, XIth Court. Aligarh. It is this order which has since been challenged.
(2.) Mr. S. K. Singh had relied on a decision in the case of Vrindaban and others v. Gaon Sabha, Omri Kalan, Basti, 1980 ACJ 13 : 1980 RD 40, in order to contend that the appeal is incompetent by the appellant Pradhan herself.
(3.) I have heard learned counsel for the petitioner at length.;