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2017 Supreme(All) 1102

SUNITA AGARWAL
SARDAR DEWAN SINGH – Appellant
Versus
KHANUJA FINANCE CO. – Respondent


Advocates:
Counsel :
A.K. Mehrotra for the Revisionist; P.K. Jain, A.D. Saunder and Rakesh Bagga for the Respondents.

JUDGMENT

Hon’ble Mrs. Sunita Agarwal, J.—Heard Sri Srijan Mehrotra holding brief of Sri A.K. Mehrotra, learned counsel for the petitioner, Sri A.D. Saunder and Sri Rakesh Bagga, learned counsels for respondent No. 2.

2. It is noteworthy that no one appeared for respondent No. 1 namely M/s. Khanuja Finance Company. Sri P.K. Jain, learned Advocate has filed his counter-affidavit on behalf of respondent No. 1. On an information given to him, he denied having any instructions from respondent No. 1.

3. As the matter is pending for the last 14 years, this Court is not inclined to adjourn it any further.

4. The present revision under Section 25 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the “Act”) has been filed with the prayer to set aside the order dated 22.4.2003 passed by XIIth Additional District Judge, Court No. 12, Kanpur Nagar with a further prayer to dismiss the impleadment application 58C-2 filed by opposite party No. 1 in S.C.C. Suit No. 16 of 1999 (Sardar Dewan Singh v. Bishan Das Kataria).

5. The said suit had been filed by Sardar Dewan Singh, the petitioner herein against Bishan Das Kataria for ejectment on the grounds of default in payment of

















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