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SRI SINGHASAN RAI versus SMT. BHAGWAN DEI AND OTHERS

High Court of Judicature at Allahabad

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Sri Singhasan Rai v. Smt. Bhagwan Dei And Others - WRIT - A No. 8518 of 2005 [2005] RD-AH 7039 (6 December 2005)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Anjani Kumar, J.

Learned counsel for the respondent states that he would not rely upon his counter affidavit.

A perusal of the order impugned clearly indicates that it is an order passed by the trial court accepting application under Order 15 Rule 5 of C.P.C. filed by the landlord and defence of the petitioner has been struck of. Provisions of Section 25 clearly demonstrate that a revision lies against such an order.

In view of the fact that the petitioner has an alternative remedy of filing revision, this writ petition is dismissed on the ground of availability of statutory remedy of filing revision.

In case a revision under Section 25 of Small Cause Courts Act is filed by the petitioner the same shall not be dismissed only on the ground of limitation.

Dated: 6.12.2005.

mhu - 8518/05


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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