CLR/93/2019
2022 Latest Caselaw 1037 UK

                      Office Notes,
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          Date                                        COURT'S OR JUDGES'S ORDERS
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      31.03.2022                        CLR No. 93 of 2019
                                        Hon'ble Alok Kumar Verma, J.

The instant application under Section 14 of the Limitation Act, 1963 along with the proposed revision, under Section 25 of the Provincial Small Cause Courts Act, 1887, have been filed. The proposed revision is filed against the judgment and decree dated 08.09.2016, passed by the Judge, Small Cause Court/District Judge, Pithoragarh in SCC Suit No.03 of 2013, "Sunil Chandra Arya vs. Gopal Ram", whereby, the said suit has been dismissed.' Heard Mr. Syed Nadim, learned counsel for the applicant - revisionist.

Mr. Syed Nadim, learned counsel for the applicant - revisionist, submitted that the applicant had filed a Writ Petition (WPMS No.3046 of 2016) before this High Court against the impugned judgment and decree dated 08.09.2016. In that writ petition, the Co-ordinate Bench observed that the petitioner has a statutory remedy under Section 25 of the Act to prefer the revision before the High Court. The learned counsel for the applicant further submitted that after the said observation, the applicant/ revisionist requested to the Co-ordinate Bench to permit him to withdraw the writ petition with liberty to file a SCC revision invoking Section 25 of the Act.

The Co-ordinate Bench had granted liberty to the effect that if a revision is preferred by the petitioner/ land-lord, he may seek the benefit as permissible under law under Section 14 of the Limitation Act.

Subject to the above observations, the said writ petition was dismissed as withdrawn with the aforesaid liberty.

In this matter notice was issued to the respondent. Notice was served personally. The respondent has not appeared despite personal service.

The learned counsel for the applicant submitted that the applicant had prosecuted his matter before the writ court under good faith.

In the facts and the circumstances of this case, the application, filed under Section 14 of the Limitation Act, 1963 is allowed.

The Civil Revision is admitted. Issue notice to the respondent. Steps to be taken within a week. List this case on 02.05.2022.

(Alok Kumar Verma, J.) 31.03.2022 Pant/