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1994 Supreme(All) 624

N.L.GANGULY
SIDDHARTHA GAUTAM RAM – Appellant
Versus
SARVESHWARI SAMOOH KUSHTHA SEVASHRAM, RAJGHAT – Respondent


Advocates Appeared:
S.D.KAUTILYA, TARUN AGARWAL

N. L. GANGULY, J.


( 1 ) THIS revision by the defendant- revisionists is directed against the orders dated 16-3-1994 passed by the VI Addl. District Judge, Varanasi and dated 16-9-1994 passed by the Ist Addl. District Judge, Varanasi on misc. applications filed by the plaintiffs.

( 2 ) THE first order under challenge was passed by the VI Addl. District Judge, Varanasi dated 16-3-1994 by which the court decided that he shall proceed to decide the case fixing 8-4-1994 for filing the written statement and framing of issues. The Stamp Reporter, although in his report pointed out that time upto 16-12-1994 for taking cognizance of the revision is within limitation. It appears that the order dated 16-3-1944 has no direct relationship with the order dated 16th Sept. 1994 passed by the Ist Addl. District Judge, Varanasi, which was passed in respect of the valuation and court-fee paid by the plaintiff on the plaint. Sri Tarun Agarwal, learned counsel has filed his caveat on behalf of the respondents. Sri. Sudhir Chandra appeared as Senior Counsel for the respondent-caveators.

( 3 ) INITIALLY Sri Sudhir Chandra, raised a preliminary objection about the maintainability of the revision against th























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