AGARWALA, J. :- This is an appeal against an order of a learned single Judge of this court rejecting a petition which was directed against an order made by a member of the Board of Revenue.

2. The facts, in brief, are these. The appellants filed a suit against one Bhup Singh under S. 175, U.P. Tenancy Act. That suit was dismissed by the Assistant Collector. An appeal against the order of the Assistant Collector was dismissed by the Additional Commissioner. Then there was a second appeal before the Board of Revenue which came up for hearing before a member of the Board namely Sri Abdul Rauf. He was of opinion that the appeal should be allowed, but under the rules of the Board no appeal can be allowed by one member unless the order is concurred in by another member.

The record was therefore sent to another member of the Board namely Sri T.N. Srivastava for concurrence. Sri T.N. Srivastava considered that he should hear the parties before recording his concurrence and so he sent notices to the parties and fixed 17-2-1954 for the purpose. On that date it so happened that none of the parties appeared before him and so tie passed the order "None present. I agree."

A little later on