DURGAWATI Vs. PRABHAT KUMAR AND OTHERS

JUDGEMENT

(1.) The facts are : On 28-3-1979 Smt. Durgawati Devi institutes a lawsuit under Sec. 229-B Z.A. Act in the Court of Assistant Collector, First Class, Allahabad. She has put forth her pleading in successive paragraphs the relief sought is for a declaration that she is bhumidhar tenant in possession of suit land.

(2.) Defendant No.6 is Prabhat Kumar, defendant No. 7 Sunil Kumar and defendant No.8 Vinod Kumar. The evidence of plaintiff has been recorded. The cause listed for evidence of defendant Prabhat Kumar's. They have taken dates after dates entailing needless adjournments over a long stretch of time. Things reached an agonising point and trial court has closed evidence the time to lead evidence for defendants is closed by an order dated 18.12.1993.

(3.) Prabhat Kumar's file a revision. On 9.2.1994 Additional Commissioner has dismissed revision yet with a significant observation: If defendants move an application in trial court it be considered for granting one more chance on payment of cost. Aggrieved by the order Smt. Durgawati Devi in revision here.