JUDGMENT Parmatma Singh, Member- This revision has been filed against the order dated 9-8-83 passed by the learned Additional Commissioner in Revision no. 43/81-82. 2. Briefly stated, the facts of the case are that Mihi Lal filed a suit under Section 176 for separating his l/8th share from the holding. Defendants Bhudeo and Suraj Lal filed their objection that they should be made parties to the said proceedings. The trial court allowed their application. Against that a revision was preferred before the Additional Commissioner who dismissed the revision on 9-8-83. Against that order the instant revision has been filed. 3. I have heard the learned counsels for the parties and have perused the record. 4. The learned counsel for the revisionists submits that Bhudeo and Surajpal neither belonged to the pedigree of the plaintiff nor were they recorded in the revenue papers, that if the said persons were allowed to be impleaded as parties, there would be misjoinder of parties and the suit will suffer from multifariousness of causes of action, that impleadment of these persons will convert the instant suit from Section 176 to Section 229-B, and thar under Order I Rule 10 C.P.C these persons could not be made parties to the suit. Against this, the learned counsel for the opposite parties submits that no revision lies against an interlocutory order and that there was no harm in allowing the impleadment of these persons as it will settle all disputes between the parties, and that no mistake has been committed by the trial court in allowing the application. In reply, the learned counsel for the revisionists, relying on 1979 R.D. 182, submits that a revision was maintainable against an interlocutory order also under Section 333 of the U.P.Z.A. & L.R. Act. 5. Section 333 of U.P. Act I of 1951 reads as under :- "333. Power of Board to call for cases .-The Board may call for the record of any suit or proceedings decided by any subordinate court in which no appeal lies or where an appeal lies but has not been preferred, and if such subordinate court appears- (a) to have exercised a jurisdiction not vested in it in law, or (b) to have failed to exercise a jurisdiction so vested, or (c) to have acted in the exercise of jurisdiction illegally or with material irregularity.
the Board may pass such order in the case as it thinks fit." 6. From the reading of the Section it is evident that the Board has the power of scrutinising any orders passed by a subordinate court if such subordinate court appears to have exercised jurisdiction not vested in law, or to have failed to exercise jurisdiction so vested or to have acted in exercise of jurisdiction illegally and with material irregularity. In view of this, I find that any orders can be looked into by the Board for the purpose of scruitinising its propriety. 7. The learned counsel for the revisionists points out that persons who have been allowed to be impleaded were not recorded in the revenue papers and the trial court says that the shares of these persons will not be decided in the present suit. The persons who had prayed for their impleadment alleged their share in the land in suit. Their shares have not been decided by the court. In a suit under Section 176 of Act I of 1951 a bhumidhar may sue for revision of his holding and to every such suit the Gaon Sabha concerned shall be made a party. The instant suit was filed under Section 176. If the opposite parties are allowed to be impleaded as parties to the proceedings, then a declaration regarding their share will have to be made by the court and that certainly would change the nature of the suit to one under Sections 176/229-B of Act I of 1951. If the opposite parties have any right and title they are free to file a suit under Section 229-B/176. They are not recorded in the revenue papers. In view of this I do not find any justification in impleading them as parties to the instant suit under Section 176 of Act I of 1951. 8. Consequently, this revision is liable to be allowed. The revision is accordingly allowed and the orders passed by the courts below are set aside.