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Allahabad High Court · body

2002 DIGILAW 557 (ALL)

Satyendra Kumar v. Balgovind

2002-04-16

GIRDHARI LAL

body2002
JUDGMENT 1. GIRDHARI Lal, J. This revision has been preferred against the order of the learned Additional Commissioner dated 20-2- 90 by which the learned Additional Commissioner has rejected the revision filed by Satyendra Kumar. 2. BRIEF facts of this case is that a case under Section 229-B of the U. P. Z. A. and L. R. Act was pending before the trial Court. An application for impleadment was filed by Satyendra Kumar in the present case. In the impleadment application it was alleged by the plaintiff that he is relative of Heshav and Keshav has executed a will deed in his favour. The learned trial Court rejected the impleadment application. A revision was preferred against the order of the learned trial Court. The learned Additional Commissioner has not discussed any reasons for rejecting the revision but he has rejected in only one line order that order under revision is correct. Heard the parties. 3. IT has been argued by the learned counsel for the revisionist that without affording any opportunity of hearing to the parties his impleadment application was rejected. No opportunity was given to produce the will deed. 4. IT has been opposed by the learned counsel for the opposite parties. After perusal of the orders of the learned trial Court it reveals that the impleadment application was rejected without affording opportunity of hearing to the applicant. 5. THEREFORE revision is allowed; the orders of the trial Court and the learned Additional Commissioner are set aside. It is directed to the trial Court that the applicant Satyendra Kumar be given proper opportunity to produce evidence in respect of his interest and after affording reasonable opportunity of hearing to both the parties the impleadment application be decided by the trial Court. Revision allowed.