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1992 Supreme(All) 877

G.P.MATHUR
Daya Shankar – Appellant
Versus
IIIrd Additional Sessions Judge, Kanpur – Respondent


Advocates Appeared:
For the Appellant : O.P. Singh.
For the Respondent: R.P. Singh and O.P. Misra.

JUDGMENT :

G.P. Mathur, J.

This petition has been filed for quashing of the orders dated 21-3-1991 passed by the City Magistrate, Kanpur Nagar (Annexure 12 to the writ petition) and the order dated 27-11-1991 passed by the 3rd Addl. Sessions Judge, Kanpur Nagar, (Annexure 13 to the writ petition) in proceedings u/s 133 Code of Civil Procedure. The parties have exchanged affidavits and, therefore, the writ petition is being disposed of finally at the admission stage in accordance with the Rules of Court

2. The present petition was filed before the Joint Registrar on 18-12-1991 and on 20-12-1991 an order was passed for issuing notice to the opposite parties to show cause why the petition be not admitted. The contesting opposite party No. 23 has filed counter affidavit and the main plea taken therein is that the Petitioner had filed another writ petition No. 35505 of 1991 challenging the same orders in this Court which was dismissed as not pressed on the application of the Petitioner and in these circumstances the present petition is not maintainable. I have, therefore, summoned the record of the aforesaid writ petition which reveals the following facts:

3. The present Petitioner Daya Sha






























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