Allahabad High Court
Naushad Ahmad vs Mohd. Akram And 3 Others on 27 January, 2020
Author: Saral Srivastava
Bench: Saral Srivastava
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 55 Case :- MATTERS UNDER ARTICLE 227 No. - 358 of 2020 Petitioner :- Naushad Ahmad Respondent :- Mohd. Akram And 3 Others Counsel for Petitioner :- Ramanuj Tiwari,Ashutosh Kumar Mishra Counsel for Respondent :- Shivendra Raj Singhal Hon'ble Saral Srivastava,J.
Heard Sri Atul Dayal, learned Senior Counsel assisted by Sri Ashutosh Kumar Mishra, for the petitioner and Sri Shivendra Raj Singhal, learned counsel for the respondents.
The present application under Article 227 of Constitution of India has been preferred by the petitioner/tenant challenging the order dated 15.10.2019 passed by Additional District & Sessions Judge, Court No.12, Aligarh in S.C.C. Suit No.01 of 2015 (Mohd. Akram and Others Vs. Naushad Ahmad) whereby the defence of petitioner/tenant under Order 15 Rule 5 of C.P.C has been struck off.
A preliminary objection has been raised by the learned counsel for the respondents that against the order impugned, the revision under Section 25 of Small Cause Courts Act, 1887 is maintainable.
It is not in dispute that revision under Section 25 of Small Cause Courts Act, 1887 is maintainable against the order impugned. Consequently, the application under Article 227 of Constitution of India is dismissed with liberty to petitioner/tenant to prefer revision.
Office is directed to return the certified copy of order impugned to the learned counsel for the petitioner within a period of one week from today after keeping the photocopy of the same on record.
Order Date :- 27.1.2020 Sattyarth