Unknown vs Mahesh Kumar Malhotra on 12 June, 2023

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Uttarakhand High Court

Unknown vs Mahesh Kumar Malhotra on 12 June, 2023

Bench: Pankaj Purohit

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                          COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  CLR No.81 of 2023
                                  Hon'ble Pankaj Purohit, J.

Heard Mr. I.P. Kohli, learned counsel for the revisionist.

2. By means of this Revision, the revisionist challenged the order dated 09.03.2023, passed by JSCC/7th Additional District Judge, Dehradun in Small Cause Suit No.39 of 2017, Smt. Ganga Devi & another vs. Mahesh Kumar Malhotra, by which the application moved by the revisionist being Misc. Case No.20 of 2022 has been rejected as well as the order dated 14.11.2022, passed by learned JSCC/7th Additional District Judge, Dehradun.

3. It is submitted by learned counsel for the revisionist that an order was passed on 04.04.2019, by reason of which, the application moved by the respondent- plaintiff for taking on record certain documents enumerated in the application was rejected. Aggrieved by the order dated 04.04.2019, instead of taking the recourse of the remedy available under the law, an application (Paper No.32C) was moved on behalf of the respondent-plaintiff supported by an affidavit to recall the order dated 04.04.2019 and to take the documents on record.

4. That application 32C was allowed by the impugned order dated 14.11.2022 and the revisionist-defendant was directed to submit the documents in rebuttal thereof. Again the same mistake appears to have been committed by the revisionist- defendant by filing a review application, which was registered as SCC Misc. Case No.20 of 2022, Mahesh Kumar Malhotra vs. Smt. Ganga Devi & another, which was rejected by reason of impugned order dated 09.03.2023 by JSCC/7th Additional District Judge, Dehradun.

5. Admit.

6. Issue notice to the respondents returnable within six weeks.

7. Steps to be taken within a week.

8. List this matter on 24.07.2023.

9. Till the next date of listing, the proceedings of SCC No.39 of 2017, Smt. Ganga Devi & another vs. Mahesh Kumar Malhotra shall remain stayed.

(Pankaj Purohit, J.) 12.06.2023 AK 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57

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