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Rajesh Kumar Sharma And Another v. Bhagwan Das - WRIT - A No. 40212 of 2006 [2006] RD-AH 12574 (31 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).


Hon. Rakesh Tiwari, J

  The petitioner is a tenant of a Godown on a monthly rent of Rs.180/0. Respondent-landlord filed a suit for eviction of the petitioner on the ground of default on payment of rent alleging that Rs.1620/- was outstanding against the tenant-petitioner. Petitioner filed written statement denying the plaint allegations. He also moved an application no. 60 C-2 for allowing him to produce oral evidence and application no. 62 C-2 seeking the receipt dated 24.3.1988.  Civil Judge (Senior Division) Hathras  allowed application no. 60-C-2 but rejected application no. 62-C-2 vide order dated 1.3.2006.  Aggrieved, the petitioner preferred Revision No. 3 of 2006.  District Judge, Hathras has dismissed the revision by the impugned judgment and order dated 17.5.2006.  Aggrieved, the petitioner has instituted the instant writ petition.

Heard counsel for the petitioner and Sri Satyendra Narain Singh, counsel for the respondent.

The court below relying upon a decision in Prakash Chand Vs. Smt. Y.C.P. John-1992(2) A.R.C-172 wherein request for taking on record the document was rejected and revision against the said order was rejected, held that the revision was not maintainable. In Prakash Chand (supra), it has been held that the revision against such an order is not maintainable as it is not ''case decided'.

Counsel for the petitioner could not point out any illegality or infirmity in the impugned order calling for interference in the writ jurisdiction.

The writ petition fails and is dismissed.  No order as to costs.

Dated. 31.7.2006



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