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2021 Supreme(All) 108

JASPREET SINGH
Dalveer Singh – Appellant
Versus
State of U. P. through District Magistrate Kheri – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Avadhesh Kumar, Samarth Saxena.
For the Respondent: Sarvesh Kumar Dubey.

JUDGMENT :

JASPREET SINGH, J.

1. Heard Sri. Samarth Saxena, learned counsel for the revisionist and the learned Standing Counsel for the State-respondents. Sri. Vivek Raj Singh, learned Senior Counsel assisted by Sri. Shantanu Sharma and Ms. Anantika Singh for respondent no. 4.

2. The instant Civil Revision has been preferred under Section 115 C.P.C. against the order dated 15.07.2020 passed in Misc. Case No. 133 of 2020 by Civil Judge, Senior Division, Lakhimpur Kheri whereby the leave to institute the Suit as prayed by the revisionist under Section 80 (2) of the C.P.C. was refused.

3. Briefly, the facts giving rise to the above civil revision are being noticed first.

4. The revisionist as plaintiff before the Court of Civil Judge, Senior Division, Lakhimpur Kheri had filed an application under Section 80 (2) C.P.C. along with the copy of the proposed plaint seeking leave of the Court to institute the suit without serving the notice on the State-respondents as provided under Section 80 (1) C.P.C.

5. The averments as disclosed in the plaint are that the revisionist has been a lessee of the disputed land in question. The aforesaid land, the details of which were mentioned in paragraph 1 o

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