Smt. Deepshika vs Smt. Pritam Kaur And Another
2023 Latest Caselaw 2347 UK

      IN THE HIGH COURT OF UTTARAKHAND
                  AT NAINITAL

                 Civil Revision No. 66 of 2022
                  (Under Section 115 of Code of Civil Procedure)


Smt. Deepshika                                                     .....Revisionist

                                   Versus

Smt. Pritam Kaur and another                                  ....Respondents
Present:- Mr. Bhupesh Kandpal, Advocate for the revisionist.
          Mr. Piyush Garg, Advocate for the respondents.

                                                       Dated : 19.08.2023

Hon'ble Vivek Bharti Sharma, J. (Oral)

The present civil revision has been filed by the

revisionist challenging the impugned order dated

20.07.2022 passed by the Judge, Small Causes Court/

District Judge, Dehradun in SCC Suit No. 25 of 2021,

whereby the application under Oder 15 Rule 5 C.P.C.

has been dismissed.

2. Counsel for the revisionist would submit that

the respondents have preferred SCC Suit No. 25 of

2021 against the revisionist for eviction and recovery of

rent and damages; that, the respondent preferred an

application under Order 15 Rule 5 C.P.C. before the

SCC Court, which has been dismissed by the court

below vide order dated 20.07.2022. Hence, present

revision.

3. Counsel for the revisionist/tenant would

submit at Bar that another Civil Revision No. 10 of

2022, under Section 23 of the Provincial Small Cause

Courts Act, 1887 before the Small Causes Court,

Dehradun has been filed by the revisionist to refer the

matter to the Civil Court for deciding the title over the

property in question, therefore, the present revision be

kept pending.

4. Per contra, counsel for the

respondent/landlord would submit that the original

small cause suit has already been decided and the

revisionist/tenant has been directed to vacate the suit

property and the revision filed against the said

judgment has also been dismissed vide judgment and

order 17.08.2023, therefore, nothing remains in the

present revision as it has already become infructuous.

He would further submit that if at all any Civil Revision

is preferred in the Small Causes Court, Dehradun for

referring the matter before the Civil Court that is also

meaningless as the suit for eviction has also been

decreed on the ground of non-payment of rent.

5. On query, learned counsel for the

revisionist could not point out any infirmity in the

impugned order/judgment on the ground that lower

court exercised a jurisdiction not vested in it by law; or

failed to exercise of its jurisdiction so vested; or acted in

the exercise of its jurisdiction illegally or with material

irregularity, while passing the impugned

judgment/order dated 20.07.2022 in SCC Suit No. 25

of 2021.

6. In view of the foregoing discussion, this

Court is of the view that there is no reason to make any

interference in the impugned judgment and order. The

revision deserves to be dismissed at the admission

stage.

7. Accordingly, the revision is hereby dismissed

in limine.

(Vivek Bharti Sharma, J.) 19.08.2023 Mamta