Research › Browse › Judgment

Allahabad High Court · body

1992 DIGILAW 552 (ALL)

Bijendra Singh v. Suraj Pal Etc.

1992-04-20

BHAIRO PRASAD

body1992
JUDGMENT Bhairo Prasad, Member. - This reference has been made under Section 333-A of U.P. Act No. 1 of 1951 by the Additional commissioner, Agra Division, Agra dated 1.10.1985. 2. In the court of Sub-Divisional Officer Kirawali, district Aligarh a suit No. 12 was being contested between the parties under Section 176/182 of U.P. Act No. 1 of 1951. The sub-Divisional Officer passed an order dated 31.3.1979. The appeal was filed against that order. The order was modified by the appellate court on 5.6.1979. The learned trial court have modified that order which was merged in the order of the appellate court, hence the order to the S.D.O. dated 27.1.1984 should be modified. 3. The learned Additional Commissioner had given a date on 25.11.1985 to the parties to appear here but nobody has appeared nor anybody filed objection. Perused the record. 4. The learned trial court has ignored the order of the appellate court hence the order is without jurisdiction. I, therefore, accept the reference and set aside the order of the Sub-Divisional officer dated 27.1.1984 and passed fresh order after hearing both the parties in accordance with law.