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Smt. Suraj Kumari vs District Judge, Mirzapur And Others on 17 October, 1990

27. Before dealing with the cases cited by both the sides it is necessary to examine as to what reasoning has been given by the Courts below for refusing to entertain the petitioner's application under 0.9, R. 13read withS. 151 of the Code of Civil Procedure only then it will be fruitful to examine cases cited by the petitioner's counsel. The appellate Court in its judgment dated 28th November, 1989 impugned in the present writ petition has distinguished the case of this Court in the case of Suraj Deo v. Board of Revenue (supra) and have held that in the facts and circumstances of the present case the petitioner has filed a suit and the same is pending in the Court of Munsif Magistrate, Mirzapur. In these circumstances the trial Court was justified in directing the petitioner to persue the remedy by means of a regular suit. The relevant portion of the impugned judgment is being quoted for convenience:
Allahabad High Court Cites 10 - Cited by 13 - Full Document

Raghubir vs Govt. Of U.P., Lucknow And Ors. on 3 May, 1954

Raghubir then filed a writ petition In this Court (Writ No. 391 of 1952). This came up before a Bench of this Court -- Mr. Justice Mootham and Mr. Justice Chaturvedi. Relying on the judgment of a Pull Bench in -- 'Suraj Mal v. The Board of Revenue, U. P. Allahabad', AIR 1953 All 264 (A), they held that the judgment of Mr. J. O. N. Shukla was a nullity as he had passed it without hearing the parties. They, therefore, passed the following order :
Allahabad High Court Cites 7 - Cited by 0 - Full Document

Smt. Shanti Rajoriya And Anr. vs Chiman Singh on 9 August, 1995

4. The learned Counsel for the petitioners contended that when the decree is against the dead persons, apparently it is a nullity and the petitioners should not be compelled to file a civil suit and the Court under its inherent powers should have set aside the decree. He has placed reliance on the cases of Suraj Deo v. Board of Revenue , Pillayathiri v. Laxmi Amma and Mst.
Rajasthan High Court - Jaipur Cites 4 - Cited by 0 - Full Document
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