Rajkumar And 5 Others vs Anand Shankar Jaiswal And Another
2023 Latest Caselaw 26399 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:186253
 
Court No. - 4
 

 
Case :- S.C.C. REVISION No. - 97 of 2023
 

 
Revisionist :- Rajkumar And 5 Others
 
Opposite Party :- Anand Shankar Jaiswal And Another
 
Counsel for Revisionist :- Ajay Kumar Singh,Ashish Kumar Singh,Tejas Singh
 
Counsel for Opposite Party :- Neelabh Srivastava,Neelabh Srivastava
 

 
Hon'ble Prakash Padia,J.

1. The present revision has been filed with the prayer to set aside the order dated 21.07.2023 passed by the Additional District Judge, Court No.1, Varanasi in S.C.C. No.38 of 2009 (Anand Shankar Jaiswal Vs. Rajkumar (dead) represented by Ajay and others) by which the application filed by the defendant-revisionist being Application No.193-C was rejected. The aforesaid application was filed by the revisionist on 05.11.2022 with the following prayers :-

"??: ?????? ???????? ?? ?????? ?????? ?? ?? ?????? ???? ??? ??????????? ?? ????? ??????? ???? ???? ???? ?? ?????? ?????? ?? ???? ???? ????? ?? ?"

2. The aforesaid application was rejected by the court below on the ground that the evidence has already been taken place at the earlier point of time and another ground was taken that the proceedings pending are summary in nature hence the application filed by the revisionist dated 05.11.2022 is not maintainable.

3. Shri Ashish Kumar Singh, learned counsel for the revisionists placed reliance upon paragraph 13 of the judgment of Hon'ble the Apex Court in the case of Janki Vashdeo Bhojwani and another Vs. Indusind Bank Ltd. and another reported in (2005) 2 SCC 217.

4. Shri Neelabh Srivastava, Advocate, put up his appearance on behalf of respondent no.1 and argued that the order passed by the court below is absolutely perfect and valid order and does not call for any interference.

5. After some arguments, it is agreed between the parties that the prayer made in the application dated 05.11.2022 is allowed, the statement should be taken without any further delay specially in view of the fact that the proceedings are pending since 2009.

6. In this view of the matter, the order dated 21.07.2023 passed by Additional District Judge, Court No.1, Varanasi is set aside. The court below is directed to take the evidence as per the application dated 05.11.2022, which has already been quoted, most expeditiously and positively within a period of four weeks from the next date fixed in the matter.

7. The revision is allowed.

8. Counsel for the parties are directed to communicate copy of the order passed today before the court below within a week.

9. It is made clear that the evidence be taken only in respect of defendant-revisionist no.1/1 namely Ajay and not by any other revisionist.

Order Date :- 26.9.2023

Pramod Tripathi