Court No. - 6 Case :- WRIT - B No. - 45211 of 2010 Petitioner :- Asha Devi Respondent :- Board Of Revenue Alld. And Others Petitioner Counsel :- Rajeev Misra Respondent Counsel :- C.S.C.,Alok Yadav,Dinesh Kr. Dubey Hon'ble Prakash Krishna,J.
Supplementary affidavit filed today, be taken on record.
Heard Shri Rajeev Misra, learned counsel for the petitioner, Sri Alok
Kumar Yadav, learned counsel for the respondents No. 10 and 11.
Alok Kumar Yadav, Advocate appearing on behalf of the contesting
respondents submits that the writ petition may be disposed of at the
stage of admission without calling a counter affidavit.
The present writ petition arises out of a suit instituted by the
respondents No. 10 and 11 and therefore, only these two persons are
the necessary party in the present writ petition. It appears that a suit
under Section 229-B was filed by the respondents No. 10 and 11
against eight persons including Asha Devi defendant No. 6, who is the
petitioner. During pendency of the suit, certain defendants entered into
the compromise with the plaintiff. However, the suit proceeded ex parte
against the present petitioner and the judgment and decree was passed
on 12.06.2009. Thereafter, the petitioner applied for recall of the said ex
parte judgment and decree but remained unsuccessful. The matter was
contested in Revision No. 114 of 2008-09 before the Board of Revenue.
The Board of Revenue vide impugned order has held that the revision
filed before it has become infructuous as the ex parte judgment and
decree dated 12.06.2009 has been recalled.
Shri Rajeev Misra, learned counsel for the petitioner submits that the
Board of Revenue was not justified in holding that the revision has
become infructuous in as much as the ex parte judgment and decree so
far as the petitioner is concerned has not been recalled. He submits that
on account of the ex parte judgment and decree, no useful purpose is
going to be served, even the petitioner is permitted to lead evidence in
support of his case.
Learned counsel for the contesting respondents submits that the certain
defendants have entered into compromise with the plaintiff and that
portion of the judgment and decree may remain intact to which learned
counsel for the petitioner has no serious objection.
Having heard learned counsel for the parties, the writ petition is
disposed of by providing that the ex parte judgment and order dated
12.06.2009 so far as it relates to the petitioner is concerned stands
recalled. It shall be open to the petitioner to lead evidence in support of
his case and the court will deliver the judgment on the basis of evidence
which may be led by the parties.
By way of clarification, it is added that the compromise already arrived
at with certain defendants has attained finality. That portion of the
judgment and decree shall not be re-opened. But it shall not bind the
petitioner.
With the aforesaid directions/observations, the writ petition is finally
disposed of.
Order Date :- 3.8.2010
MK/