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SARAL SRIVASTAVA
Seeta Gupta – Appellant
Versus
Additional District Judge – Respondent
JUDGMENT :
Saral Srivastava, J.
Heard Sri Ashish Agrawal, learned counsel for the petitioners, and Sri Arvind Srivastava, learned counsel for the respondents.
2. The petitioners through the present writ petition have prayed for setting aside the order dated 3.8.2013 passed by the Additional District Judge, Court No. 3, Etawah in S.C.C. Revision No. 1 of 2013 (Abdul Gaffar v. Smt. Sita Gupta and others) by which the revision filed by respondent No. 2-Abdul Gaffar was allowed. The Revisional Court remanded the matter to the Trial Court.
3. The facts in brief are that two shops bearing Municipal No. 168-A/1 and 168-A/2 are situated in Mohalla Sabitganj, Etawah. Later on, the number of the shops mentioned above has been changed by the Nagar Nigam. Shop No. 168-A/1 was numbered 168 and Shop No. 168-A/2 was allotted No. 168-A by Nagar Palika (hereinafter referred to as 'suit property'). One Sone Lal S/o Bhure Lal Vishwakarma was the owner of the suit property. He took a loan from U.P. Financial Corporation, Kanpur (hereinafter referred to as 'U.P.F.C.'). Since he could not repay the loan taken from U.P.F.C., therefore, U.P.F.C. to recover the loan amount, put the suit property into auction o
The Court affirmed that a Revisional Court may not remand a case if sufficient evidence exists to decide the matter, and the dismissal of a prior suit does not invoke res judicata if not decided on m....
The Revisional Court's wide jurisdiction under Section 25 of the Provincial Small Cause Courts Act, 1887 allows it to decide the suit on merits if there is sufficient evidence on record, without the ....
The revisional court's powers are limited, and it cannot disturb findings of fact unless they are perverse; additional evidence must be justified and not used to fill gaps.
The Small Cause Court can adjudicate incidental title issues in eviction proceedings, but such findings do not operate as res judicata in subsequent civil suits.
The revisional court may not re-assess evidence but can admit original documents that substantiate tenant relationships when previously doubted evidence was invalidated due to non-disclosure.
The revisional court can correct trial court findings based on legal misinterpretation, especially when admissions negate the need for further proof.
The remand order can only be made if the trial court skips finding on certain issues or decides the suit only on a preliminary issue. The court found that the trial courts had decided the suits on me....
The main legal point established in the judgment is the court's authority to allow the framing of additional issues in a suit, despite the opposition of the Respondent, when it deems it necessary for....
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