ISHTIYAK vs PRASHANT KUMAR AND ANOTHER - 2023 Supreme(Online)(ALL) 17956

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

Headnote:
Fact of the Case:

The petitioner filed a petition challenging the order passed by the Small Causes Court, Bijnor, allowing the plaintiffs/respondents to withdraw the suit and file a fresh suit. The revision filed against the order of the trial court was dismissed by the Additional District Judge, Bijnor.
Finding of the Court:

The court found no perversity or jurisdictional error in the orders passed by the courts below.
Final Decision: The petition was dismissed.

Court No. - 38

Case :- MATTERS UNDER ARTICLE 227 No. - 12174 of 2022

Petitioner :- Ishtiyak

Respondent :- Prashant Kumar And Another

Counsel for Petitioner :- Brajesh Shukla

Hon'ble Salil Kumar Rai,J.

Heard the counsel for the petitioner.

The present petition has been filed challenging the order dated

15.1.2018 passed by the Small Causes Court, Bijnor allowing

the application filed by the plaintiffs / respondents under order

23 of the Code of Civil Procedure, 1908 and thereby permitting

them to withdraw Small Causes Case No. 43 of 2014 instituted

against the petitioner alleging him to be the tenant of the suit

property and also with the liberty to file a fresh suit for the

purpose.

The revision filed against the order of the trial court has been

dismissed by the Additional District Judge, Bijnor by his order

dated 12.9.2022 passed in SCC Revision No. 02 of 2018.

I do not find any perversity or jurisdictional error in the orders

passed by the courts below to occasion interference by this

Court under Article 227 of the Constitution of India.

The petition is dismissed.

Order Date :- 2.1.2023

Satyam

Digitally signed by :-

SATYAM AGRAHARI

High Court of Judicature at Allahabad