CLR/111/2023
2023 Latest Caselaw 2168 UK

                Office Notes,
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                                  CLR No.111 of 2023
                                  Hon'ble Vivek Bharti Sharma, J.

Mr. Siddhartha Singh, Advocate for the revisionist.

2. Learned counsel for the revisionist would submit that the suit was filed by the respondent no.1/plaintiff, however, during the course of trial the respondent no.1/plaintiff had appointed an Attorney who deposed on behalf of the respondent no.1/plaintiff. Learned counsel would further submit that the Power of Attorney holder could only have deposed in respect of the facts which were in her personal knowledge and service of notice to the appellant/defendant is something about which only the respondent no.1/plaintiff could have deposed, who had instituted the suit originally. He would further submit that the notice filed by the respondent no.1/plaintiff was in respect of the Property No.6, Civil Lines, Roorkee whereas the tenanted premises in respect of which impugned eviction order has been passed is Property No.2, Civil Lines, Roorkee, District Haridwar.

3. In view of the above, revision is admitted for hearing.

4. Issue notices to the respondents through ordinary process, registered post as well as by Email and WhatsApp, if available.

5. Steps to be taken within a week.

6. Summon the LCR.

7. List on 06.11.2023.

8. Till the next date of listing, the effect and operation of the impugned judgment and order dated 28.07.2023 passed by Judge, SCC/1st Additional District Judge, Roorkee, District Haridwar in SCC Suit No.10 of 2016 "Smt. Savitri Albel vs. Kalim Qureshi and another" shall remain stayed.

9. Stay Application IA No.1/2023 is disposed of.

(Vivek Bharti Sharma, J.) 09.08.2023 Rajni