JUDGMENT Kaushal Kishor, Member. - This is a plaintiff's second appeal against the judgment and decree dated September 23, 1987 by the learend additional Commissioner, Faizabad Division, Faizabad, rejecting the plaintiffs' claim for plot number 868, arising out of the learned trial court's judgment and decree dated May 18, 1976 by which also this claim was dismissed. 2. I have heard the learned counsel for the parties and have also perused the record. 3. The suit under Section 229-B of the U.P.Z.A. and L.R. Act was for two plots numbers 647 and 868 which the plaintiff alongwith the defendant number 1 claimed to be their Bhumidahar and grove. These two were entered in Khatauni in Varg-5 as uncultivated waste land belonging to the Gaon Sabha. The learned trail court by its judgment dated July 24, 1972 decreed the suit for plot number 647 only in favour of the plaintiff but dismissed the claim for 868. In the fist appeal, the learned Additional Commissioner set aide the judgment dated July 24, 1972 and remanded the case for disposal afresh after ascertaining the actual nature of the land in respect of plot numbers 868 after giving due opportunity to all the parties concerned. 4. The learned trial court in his judgment dated May 18, 1976. presumed that the case had already been decreed for plot number 647 and decided only about 868, dismissing the claim of the plaintiff again. The first appeal was also dismissed by the learned Additional Commissioner on September 23, 1978. 5. The learned counsel for the appellant has argued that the learned trial court did not consider the Patta Ex-1 and remained silent about determination of title and has considered only the Vakil Commissioner's report as to nature of the land, and that he learned Additional Commissioner has also found the Patta and the report not sufficient for a title and that a remanded of the case to the first appellate court is necessary. The learned D.G.C.(R.) also agreed that a remanded in desirable which would afford the Gaon Sabha and the State an opportunity to contest the case, which appears to have been missed during the trial court stage. 6. While agreeing with the necessity of remanding the case, particularly to afford on opportunity of hearing to the State and Gaon Sabha. I would like to make two observations. 6. While agreeing with the necessity of remanding the case, particularly to afford on opportunity of hearing to the State and Gaon Sabha. I would like to make two observations. The learned trial court while deciding the case afresh after remand entertained a misconception that the decree dated July 24, 1972 about plot number 647 was still in force and a decision for plot number 868 only was required. Since by the appellate judgment dated November 7, 1974 the trail court's judgment dated July 24, 1972 was set aside and the whole case was remanded, the trial court had to decide the whole case afresh. Since the judgment dated May 18, 1976 and September 23, 1987 are silent about plot number 647, no decree could be passed for this plot, it was a mistake take it for granted that he earlier decree dated July 24, 1972 could be read with the later decree of May 18, 1976. The decree dated May 18, 1976. The decree dated May 18, 1976 therefore must amount to failure of the whole suit. 7. There is another shortcoming as apparent form the trial court record. No notice appears to have been sent to the Gaon Sabha and State. It is a funny situation that the courts below found the land in suit belonging to the Gaon Sabha/State but these defendant remained whole inactive. If the trail court did not send notice to them, an enquiry by the Collector is needed to ascertain the circumstances and take action against defaulters. If in spite of notice, some one suppressed the matter and manipulated so the the Pradhan Gaon Sabha and the State should not contest, such wrong-doer should be found by the Collector through urgent enquiry and suitable action as necessary be taken against him. For this purpose, a copy of this judgment be sent to the Collector. 8. With these observations, I allow this appeal, set aside the judgments and decrees dated September 23, 1978 and May 18, 1976 by the courts below and remand the case to the learned trial court for sending notice to all parties including Gaon Sabha and State afresh, and to decide the case after due hearing in accordance with law.