Allahabad High Court
Shyam Sunder Jaiswal S/O Late Devta Deen vs 1St A.D.J., Court No.1, Lucknow & Ors. on 7 July, 2010
Author: Rajiv Sharma
Bench: Rajiv Sharma
Court No. - 24 Case :- MISC. SINGLE No. - 3835 of 2010 Petitioner :- Shyam Sunder Jaiswal S/O Late Devta Deen Respondent :- 1st A.D.J., Court No.1, Lucknow & Ors. Petitioner Counsel :- A.K. Sharma Respondent Counsel :- C.S.C. Hon'ble Rajiv Sharma,J.
Heard learned Counsel for the parties.
Brief facts of the present case are that respondent Nos.3 to 7 were appointed as Trustees of the Gajraj Singh Saxena Trust by the order passed by the Additional District Judge, Lucknow dated 29.3.2006. Thereafter, they filed a Suit for arrears of rent and ejectment as pauper against the petitioner on the the basis of the said order dated 29.3.2006. In the written statement, the petitioner denied the title of the respondent nos.3 to 7. The said Suit was decreed against the petitioner vide order dated 19.9.2008. Petitioner preferred revision within 30 days from the date of preparation of decree, but the copy of the decree was not prepared by the copying department.
Ultimately, copy of decree was prepared and filed. Respondent No.1 has asked for Munsarim report on the point of limitation and it was found that the revision was within time, hence it was directed to be registered as S.C.C. Revision and was transferred to the Court of Additional District Judge, Court No.7, Lucknow. Without notice to the petitioner, again recalled his order dated 5.2.2009. Final arguments in the revision was heard by the District Judge, Lucknow and the same was further heard on 6.5.2009 and 13.5.2009 and the parties were directed to file written statements and the same were filed by the parties and ultimately, 30.5.2009 was fixed for the judgment, but before 30.5.2009, the case was transferred to the Court of Additional District Judge, Court No.8 and the same was heard.
On 8.9.2009, it was again ordered to register as Miscellaneous case in place of S.C.C. Revision by the District Judge, Lucknow. By the order dated 3.11.2009, the Additional District Judge, Lucknow has allowed the Miscellaneous Case on payment of cost of Rs.500/-, but the petitioner was not aware of the said order. On 9.11.2009, Incharge District Judge, Lucknow has directed the Revisionist to make payment of cost within 48 hours, but this order was also passed in absence of Revisionist as he was not aware of the order dated 3.11.2009.
When the Counsel for the Revisionist came to know the said order, he offered the cost of Rs.500/- to Mr. Shiv Raj Mohan Nigam, but he refused to accept the same on the ground that 48 hours allowed by the Court has been passed over, therefore, he moved an application for permitting him to pay the cost same day. Thereafter, vide order dated 25.11.2009, the revision was dismissed as barred by time in absence of Revisionist. Petitioner moved another application for setting the order dated 25.11.2009. Above application was registered as Misc. Case No. 558-C of 2009. By means of the order dated 6.3.2010, the respondent No.2 has directed for recovery of Court fees through District Magistrate, Lucknow.
Petitioner's Counsel submits that on one hand, opposite opposite parties are not accepting the cost and on the other hand, they are pressing for execution proceedings.
At this stage, learned Counsel for the prays that interest of justice would suffice, if the opposite party No.1 is directed to decide the application, contained in Annexure No.12 to the writ petition, expeditiously, to which learned Standing Counsel has no objection.
As the prayer of the petitioner is innocuous, issuance of notice to the private respondents is dispensed with.
Accordingly, the opposite party No.1 is directed to decide the application, contained in Annexure No.12 to the writ petition, latest by 31.7.2010, in accordance with law, after affording opportunity of hearing to all the parties concerned.
Accordingly, the writ petition is disposed of finally.
Order Date :- 7.7.2010 lakshman