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RAJENDRA BEHARI MISHRA versus SMT. TRIVENI DEVI AND ANOTHER

High Court of Judicature at Allahabad

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Rajendra Behari Mishra v. Smt. Triveni Devi And Another - MATTERS UNDER ARTICLE 227 No. 181 of 2006 [2006] RD-AH 11121 (7 July 2006)

 

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 UMESHWAR PANDEY, J.

Heard the learned counsel for the petitioner.

The petitioner has come up under Article 226 of the Constitution of India against an order permitting amendment in the plaint by the Court of Small Causes. The suit before the Small Causes Court is that of recovery of arrears of rent and ejectment. The court, if has allowed the amendment application moved by the plaintiff under Order VI Rule 17 C.P.C., the order is revisable under Section 25 of the Provincial Small Causes Courts Act. Therefore, the petition/application under Article 227 of the Constitution of India will not be entertained. Such petition as per the settled law of the Apex Court is to be entertained by the High Court only when the aggrieved party comes to the Court and and makes out a specific case before it that the situation would become irrevisalbe if the matter is not agitated under the aforesaid provision of the statute. Here a direct remedy of revision under Section 25 of the aforesaid Act is available for the redressal of grievance of the petitioner.

As such while not entertaining this petition as maintainable, it is hereby dismissed.

Certified copy of he impugned order filed on record may be returned to the petitioner by the office.

06.07.2006

SUA/181-06


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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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