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1961 Supreme(All) 357

B. D. GUPTA, V. BHARGAVA
Budhu – Appellant
Versus
Board of Revenue, U. P. – Respondent


Advocates appeared:
Bhawani Prasad s, For the Appellant /

JUDGMENT

V. Bhargava, J. - This petition has been filed by three Petitioners who had instituted a suit under S. 20 read with S. 232 of the UP ZA and LR Act. Their suit was decreed by the trial court. On appeal that decree was set aside and an order was made by the first appellate court remanding the suit to the trial court with a direction that the plaint be returned to the Petitioners for presentation to the proper court. Against the order of the first appellate court the Petitioners went up in second appeal to the Board of Revenue which was ultimately entertained by the Board of Revenue as a revision. After hearing the revision the Board of Revenue set aside the decree pass ed by the first appellate court and dismissed the suit of the Petitioners. It is this order of the Board of Revenue which is impugned in this petition u/Art. 226 of the Constitution. On the face of it the order passed by the Board of Revenue is illegal and without jurisdiction. There was no appeal before the Board of Revenue presented on behalf of the opposite party. The revision was filed by the Petitioners seeking redress against the order of the first appellate court. The Board of Revenue in these circumstan

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