Allahabad Court February 1977 Judgments
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Swami Nath and ors. Vs. Deputy Director of Consolidation, Gorakhpur an ...
Court: Allahabad
Decided on: Feb-07-1977
Reported in: AIR1977All444
ORDERR.M. Sahai, J. 1. Facts giving rise to this petition are not material but the short and important question that arises for consideration is whether the Deputy Director Consolidation was justified in deciding the petitioner's revision ex parte. An application for restoration filed on the same day failed on the ground that it amounted to review of the order which was not provided under law.2. Objection filed by the petitioners claiming to be sole tenure-holders of the Khata in dispute was allowed by the Consolidation Officer. The opposite party (since deceased) succeeded in appeal against which the revision filed by the petitioners was decided ex parte on 2-7-1970 on the ground that the court cannot wait indefinitely.3. The reason for non-appearance of the counsel as stated in paragraph 4 of the writ petition was illness of his wife to whom he had taken to a Doctor. This allegation is not admitted in the counter-affidavit but it is substantiated by the application for restoration, f...
Mitthan Lal Vs. Smt. Parwati and ors.
Court: Allahabad
Decided on: Feb-03-1977
Reported in: AIR1977All236
H.N. Kapoor, J. 1. This is judgment-debtors appeal against the order andjudgment dated 20-11-1974 of 1st Addl. Civil Judge, Dehradun, in Miscellaneous Appeal No. 39 of 1971, confirming the order of the execution court (Munsif Dehradun) in execution case No. 283 of 1966, rejecting the objections of the judgment-debtor and holding that the application for execution which was moved on 25-11-1966 was within time. 2. The facts giving rise to this appeal, briefly stated, are as follows:-- In suit No. 86 of 1953, Parwati v. Mitthan Lal, a decree was passed on 31-3-1354 for the ejectment of the defendant-appellant and for recovery of arrears of rent and mesne profits. An application for execution was moved but the execution was stayed by bringing another suit (Suit No. 115 of 1955). The stay continued till 10-6-1956 from 10-3-1955. There was then A compromise during the execution proceedings in the present suit on 28-5-1957, according to which two years' time was granted to the judgment-debtor...
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