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2000 Supreme(All) 244

S.P.PANDEY
MAHBOOB KHAN – Appellant
Versus
MAZHAR ALI KHAN – Respondent


S. P. PANDEY, J.

These are two revisions under Section 331 of UPZA & LR Act, preferred against I he order dated August 5, 1997 passed by the learned Addl. Commissioner, Moradabad Division, Moradabad, allowing the ap plication for restoration and substitution dated 23-10-92 and 16-5-97 respectively. Since the parties as well as the facts are similar in the aforesaid two revisions as such these two revisions are being dis posed of by a common judgment and order. The revision No. 56 of %-97/ram-pur shall be the leading case.

2. Brief and relevant facts of the case are that during the course of proceeding of a 1st Appeal and revision between the same parties before the learned Addl. Commissioner, a restoration application dated 2-12-96 and moved to set aside the ex-pane order dated 23- 1 0-92 passed in the revision and 1st Appeal. An application dated 6-8-92 was moved to set aside the ex-pane order and decree dated 22-1- 90 On 16-5-97an application for subinstitution was moved with the prayer that the respondent O. P. Farzand Ali Khan has died as such his sons be substituted as his heirs and legal representative. The learned Addl. Commissioner by means of his order dated August 5, 199









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