WPMS/2731/2025
2025 Latest Caselaw 4472 UK

Uttarakhand High Court

WPMS/2731/2025 on 19 September, 2025

Author: Pankaj Purohit

Bench: Pankaj Purohit

                Office Notes,
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                                  WPMS No.2731 of 2025
                                  Hon'ble Pankaj Purohit, J.

Mr. Akshay Joshi, learned counsel for the petitioner-defendant.

2. By means of the present writ petition, petitioner has prayed for the following reliefs:

a) To quash/set aside the order dated 10.09.2025 passed by Additional District Judge, Camp Court, Didihat, Pithoragarh in Civil Revision No.4 of 2025 preferred under Section 153 read with Section 157 of Civil Procedure Code, whereby, the said revision was dismissed and the order passed by the learned Civil Judge, Junior Division, Didihat, District Pithoragarh in Miscellaneous Civil Case No.03/2025 has been affirmed (Annexure No.3 to the writ petition).

b) To quash/set-aside the order dated 11.07.2025 passed by the learned Civil Judge, Junior Division, Didihat, District Pithoragarh in Miscellaneous Civil Case No.03/2025, whereby, application preferred under Section 153 of Civil Procedure Code by the petitioner/defendant for correction of petitioner's name and his father's name in Judgment and decree dated 22.12.2017 has been dismissed (Annexure No.2 to the writ petition) and further be pleased to allow the application under Section 153 CPC of the petitioner.

3. Learned counsel for the petitioner- defendant submits that the petitioner- defendant had categorically stated in Para 26 of his written statement paper No.30A that the name of petitioner/defendant in the records is Hari Krishna Pant S/o Indra Dev Pant, however the plaintiff has mentioned the name of the petitioner- defendant in the suit as Harish Chandra Pant S/o Sukhdev Pant.

4. He further submits that on the pleadings of the parties, the learned Trial Court had framed issues in the suit, however no importance to the change in name of the petitioner-defendant was ever given by the learned Court. Feeling aggrieved, a Second Appeal bearing SA No.61 of 2025 Hari Krishna Pant Vs. Surendra Singh on 05.06.2025 has been filed by the petitioner-defendant, which is defective as it was mentioned that the name of the petitioner and his father was wrongly written in the plaint.

5. Having heard the learned counsel for the petitioner, this Court thinks that the matter requires some deliberation.

6. Issue notice to respondent, returnable within four weeks.

7. Steps to be taken within a week.

8. Put up on 17.11.2025.

9. Till the next date of listing, entire proceedings of Civil Execution No.01 of 2025 Surendra Singh Vs. Harish Chandra Pant, pending before the Court of learned Civil Judge (Jr. Div.), Didihaat, District Pithoragarh, shall remain stayed.

10. Interim relief application (IA/1/2025) stands disposed of.

(Pankaj Purohit, J.) 19.09.2025 PN