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1977 Supreme(All) 233

M.P.MEHROTRA
Vineet Kumar – Appellant
Versus
Bhagwan Dei – Respondent


Advocates:
H.S. Nigam, for Applicant; H.S. Joshi, for Opposite Party.

ORDER :- This application is palpably based on a false allegation. It has been stated in para 14 of the affidavit in support of the review applications :

" That against the order of the District Judge, Rampur, the applicant filed the Civil Revision No. 455/76 in this Hon ble Court which was decided on merits without the hearing of the counsel for the applicant Sri H. S. Nigam. The case was not actually argued by Sri H. S. Nigam as it appears from the judgment and ordersheet. Only the rulings mentioned in the judgment of the lower court below which were cited, have been mentioned in the court s judgment at the High Court."

A reference to the judgment and ordersheet itself will show that this allegation is absolutely incorrect. The ordersheet dated 4th April, 1977 has clearly mentioned that Shri H. S. Nigam, for the applicant, and Shri H. S. Joshi for the opposite party were heard in part and then it was directed to be listed as a part-heard case on the next date. The ordersheet dated 6th April, 1977 again clearly mentions that Shri H. S. Nigam for the applicant and Shri H. S. Joshi for the opposite party were further heard and, thereafter the revision was dismissed but no order as to













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