( 1 ) THIS writ petition is directed against the order of the Board of Revenue dated 30. 7. 1997, whereby it has remanded the case to the trial court to decide the rights of the parties on merits.

( 2 ) THE facts in brief are that the petitioners instituted Suit No. 4 of 1995 on 3. 8. 1995 in respect of the properties relating to village Shamaspur Panju, Pargana and Tahsil Sahaswan, district budaun and Suit No. 5 of 1995 in respect of properties of village Yahiyapur, Pargana and Tahsil sahaswan, district Budaun under Section 22b of U. P. Zamindari Abolition and Land Reforms act in the Court of Sub-Divisional Officer against Smt. Hira Devi alleging that she had remarried with Siya Ram. The petitioners being brothers of Bihari, after remarriage of Smt. Hira devi succeeded to the rights of Bihari. The notices were issued to Smt. Hira Devi. The summons were returned unserved. The notices were sent by registered post but neither the envelope nor acknowledgment due were received back.

( 3 ) SMT. Hira Devi before the institution of the suit by the petitioners on 3rd August, 1995, had executed a sale deed in favour of respondent Nos. 6 to 8 on 29th June, 1995. During the