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2019 Supreme(All) 795

YOGENDRA KUMAR SRIVASTAVA
Asharam Chaurasia – Appellant
Versus
Om Prakash Gupta – Respondent


Advocates:
Advocate Appeared:
Prem Chandra, Adv., Manish Chandra Tiwari, Adv.

JUDGMENT :

YOGENDRA KUMAR SRIVASTAVA, J.

1. Heard Sri Manish Chandra Tiwari, learned counsel for the petitioner.

2. The present petition seeks to challenge the order dated 31.01.2018 passed by the Civil Judge (Senior Division) F.T.C. Jaunpur in SCC Suit No. 03/2009 (Om Prakash Vs. Asharam) whereby the application (Application No. 107-Ga) filed by the petitioner under Section 23 of the Provincial Small Causes Courts Act, 1887, (hereinafter referred to as 'the Act') has been rejected. The petitioner also seeks to challenge the order dated 18.05.2019 passed in Civil Revision No. 27/2018 in terms of which the revision filed against the aforementioned order has been dismissed.

3. The sole contention raised by the counsel for the petitioner is that questions of title having been raised the Small Causes Court was not entitled to adjudicate upon the issues regarding the same and as such it should have passed an order directing return of the plaint.

4. Records of the case indicate that the aforementioned contention was raised before the trial court also and has been repelled upon taking notice of the fact that the petitioner had duly admitted the plaintiff to be the landlord, and once the landlo

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