Citation : 2026 Latest Caselaw 1304 UK
Judgement Date : 20 February, 2026
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20.02.2026 CLR No.6 of 2026
Hon'ble Alok Kumar Verma, J.
An Application was filed by the proposed revisionists-defendants under Order VII Rule 11 of the Code of Civil Procedure, 1908 in the SCC Suit No.14 of 2025, "Shri Ashutosh Negi and Another Vs. M/s Gendalal Vinod Kumar and Another", filed under Section 15 of the Provincial Small Cause Courts Act, 1887. The revisionists - defendants filed their written statements stating that the tenancy is governed by a written tenancy agreement dated 21.04.2010, executed between the parties. Therefore, in view of the provisions of Uttarakhand Tenancy Act, 2021, the Small Cause Court has no jurisdiction to entertain the suit. Trial Court framed a point of determination relating to jurisdiction. Learned Additional District Judge, Kotdwar, District Pauri Garhwal has rejected the said Application, filed by the proposed revisionists - defendants, and, decided the point of determination against the revisionists vide impugned order dated 06.12.2025. Hence, the present civil revision.
2. Heard Mr. Suryakant Maithani, learned counsel for the revisionists and Mr. Piyush Garg, learned counsel for the respondents.
3. Mr. Piyush Garg, Advocate, has supported the impugned order.
4. Admit.
5. List on 15.04.2026 with the record of CLR No.23 of 2025. Learned Trial Court shall proceed with the SCC Suit No.14 of 2025, but, final order (judgment) shall not be passed till the next date of listing.
(Alok Kumar Verma, J.) 20.02.2026 Shiv/
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