Uttarakhand High Court
Jagdish Kumar vs Anil Kumar Verma on 26 May, 2015
Author: Alok Singh
Bench: Alok Singh
WPMS No. 1177 of 2015 Hon'ble Alok Singh, J.
Mr. Vikas Bahuguna, Advocate for the petitioner.
Learned counsel for the petitioner submits that respondent has filed SCC Suit No. 14 of 2007, Anil Kumar Vs. Jagdish Kumar in the Court of Judge, SCC / Civil Judge (Senior Division), Dehradun which was dismissed by the learned Trial Court on the ground that relationship of landlord and tenant between the parties is not proved. Feeling aggrieved, landlord has preferred SCC Revision No. 1 of 2014 in the Court of District Judge, Dehradun which was allowed by the learned VIIth Addl. District Judge, Dehradun, vide impugned order dated 30.03.3015, observing therein that despite the fact that relationship of landlord and tenant is not established between the parties, learned Trial Court ought to have decided other issues as well. According to the learned counsel for the petitioner, if suit can be disposed of on the preliminary issue, then there is no need to record finding on other issues. Further contends that Order 14 of the C.P.C. is not applicable in the JSCC suits.
Issue notice to the respondent by registered post A.D. in addition to normal mode of service on steps being taken by the petitioner within a week, returnable within three weeks.
Meanwhile, operation and effect of the impugned judgment dated 30.03.2015 shall remain stay.
CLMA No. 5851 of 2015 stands disposed of accordingly.
(Alok Singh, J.) Dated 26.05.2015 Shiv