Gaon Sabha vs Jagdish Narain Singh - 1987 Supreme(All) 1143

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1987 Supreme(All) 1143

M. M. GOPAL
Gaon Sabha – Appellant
Versus
Jagdish Narain Singh – Respondent

Advocates appeared:
Mr. D. Nath, D.D.C. (Revenue), for the Applicant; Mr. Rajesh Kumar, Advocate, for the Opposite Party

JUDGMENT

M.M. Gopal, Member - This is a revision against the judgment dated December 20, 1977 of the trial court by which it rejected the restoration application. The learned Additional Commissioner by his order dated October 6, 1978 recommended for quashing the aforesaid order and remand the case.

2. Heard the learned counsels perused the file.

3. The facts of the case are that a case under Section 122-B of U.P. Act I of 1951 was started and in that case order was passed on November 17, 1975. Then application filed on June 6, 1977 by Jagdish Narain Singh with the allegation that he had no knowledge of the order dated November 17, 1975 and the same may be set aside. It is also alleged that the so called Vakalatnama or objection was filed on behalf of Jagdish Narain Singh was fraudulent and neither he filed any objection nor any notice was served on him nor any Vakalatnama was filed on his behalf. He has also filed an affidavit to affirm his allegations and has examined a witness to support the same.

From the side of the Gaon Sabha a witness was examined and asserted that the notice was duly served and that there was an objection and vakalatnama and it cannot be said that the opposit

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