- (1.) S. Harkauli, J. Heard learned Counsel for the parties and perused the record. '
(2.) THE instant writ petition has been filed before this Court against the order dated 5-S-1997 passed by the IInd Addi tional District Judge Deoria in Civil Ap peal NO Nil of 1997. THE appeal was rejected] as not maintainable on the ground that the person presenting the ap peal was Sri Madhusudan Singh Advocate. According to the reasons given by the ap pellate Court, the presentation appeared to be on behalf of Sri Mahavir Singh Advo cate who had been authorised through the proposal of Gaon Sabha for contesting the suit of which the appeal arose. Learned Counsel for the parties are not sure of the facts. However, it ap pears that the appellate Court has rejected the appeal on the technical grounds enter ing into analysing the result of Gaon Sabha and not taking into account the provisions of Order III, Rule 4 (2), C. P. C. and its explanation. In these circumstances, the order of the IInd Additional District Judge dated 5-8-1997 contained in Annexure-1 to the writ petition is hereby quashed. The writ petition is allowed. Matter is remanded back to that Court for decision afresh after giving the opportunity to the parties in accordance with law.
(3.) THERE will be no order as to costs. Petition allowed. .;