S.P.PANDEY - (1.) THIS is a ref­erence made by the learned Addl. Com­missioner, Moradahad Division, Moradahad in respect of the revision No. 63 of 1994-95 district Rampur with his recommendation that the order dated 22-8-95 passed by the learned trial Court be set said.
(2.) BRIEF and relevant facts of the case are that the plaintiff-respondent Roshan Lal instituted a suit under Section 229-B of UPZA and LR Act for declaration in respect of the disputed land as detailed in para-I of the plaint. During the proceed­ings of the case one Sanjay Kumar moved an application dated 23-6-95 for implead-ment on the ground of a Will executed in his favour by the recorded tenure-holder of the suit land, Govind Ram. The learned trial Court allowed this application on 22-8-95. Aggrieved by this order a revision was preferred. The learned Additional Commissioner has sent this reference with an aforesaid recommendation for setting aside the order dated 22-8-95 passed by the learned trial Court. I have heard the learned Counsel for the parties and perused the records on file. For the revisionist it was submitted that this reference be accepted revision be allowed. The learned Counsel for the OPs urged that the order passed by the learned trial Court is quite just and proper which must be maintained and the instant refer­ence be rejected. In support of his conten­tions he has cited case law reported in AIR 1958 (SC) page 887 and RD 1979 page 326 (BR).
(3.) I have carefully and closely con­sidered the contentions raised by the learned Counsel for the parties and have also gone through the relevant records on file. A bare perusal of the records reveals that for equity and fair play the learned trial Court has rightly allowed the aforesaid application on 22-8-95. The learned lower Revisional Court has utter­ly failed to examine the matter in question in correct perspective of law and er­roneously recommended for setting aside the aforesaid order dated 22-8-95 passed by the learned trial Court who has advanced the ends of the substantive natural justice between the parties by passing the aforesaid order on 22-8-95.;