HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 4 Case :- WRIT - C No. - 18006 of 2011 Petitioner :- Aditya Narain And Another Respondent :- State Of U.P. And Another Petitioner Counsel :- M.D. Misra Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
The petitioners are plaintiffs, filed a suit for arrear of rent and ejectment. The defendant filed written statement. It appears that certain new facts have been mentioned in the written statement therefore, according to the petitioners, an application was filed which was numbered as 54K. On the said application, an order has also been passed by the trial court on 12.1.2005, which is Annexure-4 to the writ petition. It appears that when such application has not been disposed of, the petitioners moved another application on 4.9.2006, which is Annexure-5 to the writ petition. The trial court has rejected the application on the ground that it was filed on 4.9.2006 and against the said order, the petitioners filed revision which has also been dismissed.
Learned counsel for the petitioners submitted that the trial court has considered the subsequent application dated 4.9.2006 and has not considered the application which was moved in the year 2005 on which the trial court has passed an order on 12.1.2005. He further submitted that the revisional authority has also failed to consider the application.
Issue notice to respondent no. 2 returnable at an early date. The petitioners may take steps within 10 days.
List in the week commencing 2.5.2011.
Till the next date of listing, the further proceeding in Suit No. 228 of 2004 (Aditya Narain and others Vs. Raj Kumar) pending before the Civil Judge (Junior Division), Nawgarh, Siddharthnagar shall remain stayed.
Order Date :- 29.3.2011 OP