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1992 DIGILAW 1254 (ALL)

Satish Chandra v. Mohan

1992-09-16

BHAIRO PRASAD

body1992
JUDGMENT Bhairo Prasad, Member. - This revision has been filed under Section 333 of U.P.Z.A. & L.R. Act against the order of the Additional Commissioner, Gorakhpur Division, Gorakhpur dated 7-8-1991 in Revision No. 1977/718/153-D of Sub-Divisional Officer, Padrauni, district Deoria dated 5-1-1988 passed in suit No. 1 of 1951. 2. During the pendency of the suit the trial court passed order under Section 229-D of U.P. Act No. 1 of 1951. That order was challenged before the Additional Commissioner in above revision which has been dismissed. Against that order of the Additional Commissioner this revision has been filed under Section 333 of U.P. Act No. 1 of 1951. An application has been also filed in this court by this opposite parties that the suit has been decided on 27-4-1992 a restoration application is pending. Thus there is no suit pending in the trial court and the order under Section 229-D of U.P. Act No. 1951 have been merged in that order of the decision of the suit. That is the order of the decision of the suit. That is the order dated 27-4-1992, hence this revision has now become infructuous. 3. I have heard the learned counsel for both the parties and have perused the record. The suit has been finally disposed of. The order passed under Section 229-D has been merged in the order and judgment. The pendency of restoration will not ground that a suit is pending unless the suit is restored. In these circumstances of the case there is no question to admit this revision and it is not maintainable now, therefore, it is rejected summarily.