Allahabad High Court
Prakash Chand Pandey And 3 Others vs Rajeshwar Mani Pandey And 4 Others on 8 May, 2023
Bench: Prakash Padia
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2023:AHC:97727
Court No. - 5
Case :- MATTERS UNDER ARTICLE 227 No. - 3799 of 2023
Petitioner :- Prakash Chand Pandey And 3 Others
Respondent :- Rajeshwar Mani Pandey And 4 Others
Counsel for Petitioner :- Virendra Singh
Hon'ble Prakash Padia,J.
Heard Shri Virendra Singh, learned counsel for the defendants-petitioners.
The defendants-petitioners have preferred present petition challenging the order dated 03.12.2022 passed by the Additional District Judge-3, Maharajganj in Civil Revision No.6 of 2018 (Rajeshwar Mani Pandey and another Vs. Kamlendra and others).
It reveals from perusal of the records that in Original Suit No.410 of 2011 an application was filed for impleadment under Order 1 Rule X (2) of the C.P.C. being Application No.28-C, the same was allowed by the trial court vide its order dated 07.12.2017.
Aggrieved against the aforesaid plaintiffs-respondents no.1 & 2 filed Civil Revision No.6 of 2018. The civil revision was finally allowed by the revisional court vide its judgment and order dated 03.12.2022. By the aforesaid order, the order passed by the trial court dated 07.12.2017 was set aside and matter was remanded back for fresh adjudication according to law.
While passing the aforesaid order findings were recorded that the trial court has not considered the objections raised by the plaintiffs-revisionists while allowing the application for impleadment vide its order dated 07.12.2017.
After going through the aforesaid order, the Court is of the opinion that the order dated 07.12.2017 was passed without considering objections filed in the aforesaid application.
After some arguments, a prayer has been made by Shri Virendra Singh, learned counsel for the petitioners that the trial court be directed to pass a fresh order in accordance with law expeditiously but without going influenced by the observations made in the order dated 03.12.2022 passed in Civil Revision No.6 of 2018.
Heard learned counsel for the petitioners and perused the record.
After going through the record, the Court is of the opinion that the order dated 07.12.2017 was passed by the trial court without recording any cogent reasons. The Court is also of the opinion that the said order was rightly interfered with the revision filed by the plaintiffs-respondents no.1 & 2 and while allowing the revision directions were given to the trial court to pass a fresh order.
In the facts and circumstances of the case, without interfering with the order dated 03.12.2022 passed in Revision No.06 of 2018, the present petition is disposed of directing the trial court to pass a fresh order on the aforesaid application being Application No.68-? most expeditiously and preferably within four months from the date of receipt of certified copy of this order.
It is made clear that the court below will pass appropriate orders strictly in accordance with law and without influenced by the observations made in the present order.
Order Date :- 8.5.2023
Pramod Tripathi
