S. N. SHUKLA, MEMBER., J.

The question referred for decision by this Full Bench is:

"does the decision of the Full Bench of the Board in Ashok Kumar v. Smt. Sheoranya, 1996 RD 504 (FB), interpret the law correctly or setting aside or revocation of an ex-parte order amounts to its reversal or alteration requiring prior notice to the other party as per proviso to Section 201 of the UPLR Act?"

2. To answer this question one needs to have a look at the proviso to Section 201 of the UPLR Act which is reproduced below:

"provided that no such order shall be reversed or altered without previously summoning the party in whose favour judgment has been given to appear and be heard in support of it. "

3. In the case of Ashok Kumar v. Smt. Sheoranya, 1996 RD 504, Ashok Kumar had applied for mutation on the basis of Will which was allowed in the absence of any objection. Subsequently, a restoration application was moved by Smt. Sheoranya on the ground that she is widow of the recorded tenant who never executed any Will and, therefore, the ex-parte order in favour of Ashok Kumar be set-aside. The restoration was allowed and mutation order in favour of Ashok Kumar was set-aside. Ashok Kumars revision a

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