Uttarakhand High Court
27 November vs Kailash Kumar And Ors on 27 November, 2025
Author: Pankaj Purohit
Bench: Pankaj Purohit
2025:UHC:10539
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition Misc. Single No. 3289 of 2025
27 November, 2025
Munandra Singh Jagwan --Petitioner
Versus
Kailash Kumar and Ors. --Respondents
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Presence:-
Ms. Neeti Rana, learned counsel for the petitioner.
Hon'ble Pankaj Purohit, J. (Oral)
This writ petition under Article 227 of the
Constitution of India has been filed by the petitioner
challenging the judgment and order dated 07.10.2025
passed by learned Additional District Judge,
Vikasnagar, District Dehradun in Civil Revision No.10
of 2025 Kailash Kumar and Others Vs. Munandra Singh
Jagwan, whereby, the revision filed by the revisionists
(respondents herein) was allowed and the order dated
17.03.2025 passed by learned Civil Judge (Sr. Div.),
Vikasnagar, District Dehradun, was set aside.
2. The brief facts of the case are that
respondents filed an application under Order 1 Rule 10
read with Order 6 Rule 17 read with Section 151 CPC
on 21.01.2025 before the learned Trial Court for the
amendment in counter claim filed by respondents
against the co-defendant in Original Suit No.12 of 2012
Munandra Singh Jagwan Vs. Kailash Kumar and Ors.
Learned Trial Court i.e. learned Civil Judge (Sr. Div.),
Vikasnagar, District Dehradun, has dismissed the said
application filed by respondents vide order dated
17.03.2025. Thereafter, respondents filed a revision
being Civil Revision No.10 of 2025 Kailash Kumar and
2025:UHC:10539
Others Vs. Munandra Singh Jagwan, before the learned
Additional District Judge, Vikasnagar, District
Dehradun challenging the order dated 17.03.2025,
which was allowed by the impugned judgment and
order dated 07.10.2025 and the order dated 17.03.2025
was set aside. Thus, petitioner is before this Court by
challenging the order dated 07.10.2025 passed by
learned Revisional Court.
3. Learned counsel for the petitioner submits
that learned Revisional Court as well as learned Trial
Court is biased against the petitioner and is giving
multiple opportunities to respondents to create their
counter claim maintainable, while the counter claim of
respondents is pending under challenged before this
Court for its maintainability in WPMS No.1105 of 2016
Munandra Singh Jagwan Vs. Kailash Kumar and Ors.
4. She further submits that the learned
Revisional Court has allowed the amendment
application of respondents against the co-defendants
which is not maintainable, as it neglect the judgment
passed by Hon'ble Apex Court as well as by this Court.
Learned Revisional Court did not follow the provision
mentioned under Order 8 Rule 6a CPC while passing
the impugned judgment and order dated 07.10.2025.
She further contends that the said action of learned
Revisional Court is illegal, arbitrary and not sustainable
in the eyes of law, thus the impugned judgment and
order dated 07.10.2025 is liable to set aside. She also
submits that the petitioner has no other efficacious
remedy except to invoke the supervisory jurisdiction by
invoking the provisions of Article 227 of the
Constitution of India.
2025:UHC:10539
5. I have heard the learned counsel for the
petitioner and have gone through the impugned order
as well as the entire material available on record. There
is no illegality in the impugned order dated 07.10.2025
passed by the learned Revisional Court i.e. learned
Additional District Judge, Vikasnagar, District
Dehradun. I am in full agreement with the finding
recorded by learned Revisional Court, therefore, this
Court thinks that no interference is required exercising
its supervisory jurisdiction under Article 227 of the
Constitution of India.
6. Accordingly, the present writ petition fails
and is dismissed in-limine.
7. Pending application(s), if any, stands
disposed of.
(Pankaj Purohit, J.)
27.11.2025
PN
PREETI Digitally signed by PREETI NEGI
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UTTARAKHAND,
2.5.4.20=63c75a8c4765581180a58d7478fadbe38331bac55c78b5f9f0276c16
NEGI
432f6aab, postalCode=263001, st=UTTARAKHAND,
serialNumber=2BA53171893B3C3CB3CCCAE81FAE064498483A83D84BDB0F
9229D5BF08D959AC, cn=PREETI NEGI
Date: 2025.11.27 15:34:16 +05'30'
