JUDGMENT :

1. Heard Sri Rahul Sahai, learned counsel for revisionist.

2. Present revision has been filed for setting aside the judgment/order dated 07.04.2022 passed by Additional District Judge Court No. 1, Mathura in SCC Case No. 01/2017 (Smt. Asha Agarwal and another vs. Dinesh Kumar), and/or to allow the application 74Ga of the revisionist.

3. Learned counsel for revisionist submitted that earlier SCC Suit No. 01 of 2017 was filed by the plaintiff-opposite party No.1, upon which revisionist-defendant has preferred written submission and replica has also been filed. Accordingly, considering the written submission, issues were framed on 06.03.2018. It is next submitted that to decide the SCC Suit, it is necessarily required to frame additional issues with regard to title as well as landlordship. Therefore, revisionist-defendant has moved application under Section 23 of The Provincial Small Cause Courts Act, 1887 (hereinafter referred to as ‘Act, 1887’) numbered as 74-Ga, which provides return of plaints in suits involving questions of title. The said application has been rejected by the Court below on the ground that after completion of evidence and during the course of arguments