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Kanti Prasad Goyal v. Viii Adj - WRIT - A No. 2158 of 1994  RD-AH 4178 (22 February 2006)
Civil Misc. Writ Petition No.2158 of 1994
Kanti Prasad Goyal Vs. VIIIth Addl. District Judge, Ghaziabad and another
List revised. No one appears for the respondent. Heard learned counsel for the petitioner. Petitioner - Kanti Prasad Goyal and respondent no.2 the only contesting respondent Kripa Ram are real brothers. Kripa Ram filed suit for eviction against petitioner alleging therein that plaintiff was landlord and defendant i.e. the petitioner was his tenant. Suit was registered as SCC suit no.3 of 1988 - Kripa Ram Vs. Kanti Prasad. JSCC/Civil Judge, Hapur through order dated 8.3.1990 held that question of title was involved hence JSCC had no jurisdiction to decide the same. Through the said order dated 8.3.1990 plaint was directed to be returned for filing before competent court under Section 23 Provincial Small Causes Courts Act. Against the said judgment and order dated 8.3.1990 respondent no.2 filed SCC revision no.40 of 1990. VIIIth Additional District Judge, Ghaziabad allowed the revision and remanded the matter to the trial court, through judgment and order dated 15.9.1993. Revisional court directed that trial court should decide again as to whether suit could be heard by JSCC or plaint should be returned for filing before the competent court.
In my opinion as both the parties are real brothers hence order of the trial court directing return of the plaint was quite appropriate. Primafacie it appears that mainly it is a dispute of title in between petitioner and his brother-respondent no.2.
Accordingly, writ petition is allowed. Judgment and order passed by the revisional court is set aside. Judgment and order passed by JSCC is restored.
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