Unknown vs Gagan Agarwal"
2021 Latest Caselaw 4959 UK

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      07.12.2021                        CLR No.92 of 2021
                                        Hon'ble Alok Kumar Verma, J.

This civil revision has been filed under Section 25 of the Provincial Small Cause Courts Act, 1887, against the order dated 18.10.2021, passed by the learned Judge, Small Cause Court/IInd Additional District Judge, Haridwar in SCC Case No.01 of 2019, "Mudita Verma vs. Gagan Agarwal", whereby an application under Order 15 Rule 5 of CPC, filed by the plaintiff for striking off the defence of the revisionist/defendant has been allowed.

Heard Mr. Siddhartha Singh, learned counsel for the revisionist and Mr. Atul Kumar Bansal, learned counsel for the respondent.

The learned counsel for the revisionist has relied upon two judgments, passed by the Hon'ble Allahabad High Court in Ladly Prasad vs. Ram Shah Billa and others, AIR 1976 Allahabad 261 and Kunwar Baldevji vs. X1th Additional District Judge, Bulandshahr and others, 2003 (1) Allahabad Rent cases 637.

The learned counsel for the respondent has relied upon a judgment of the Hon'ble Allahabad High Court in Maya Devi and another vs. Vipin Kumar Kushwaha and Another, 2017 (120) ALR 98.

In the facts and circumstances of the case and after hearing the arguments of learned counsel for the parties, it seems appropriate that first, the revision should be admitted and then, the matter should be decided after hearing both the parties in detail.

Therefore, the revision is admitted. The impugned order dated 18.10.2021 is stayed till the next date of listing.

List this case on 29.12.2021. However, it is clarified that no adjournment shall be granted only on the demand of the revisionist on the next date of listing.

(Alok Kumar Verma, J.) 07.12.2021

JKJ/Neha