Notices on behalf of respondent nos. 1 and 2 have been accepted by learned Additional Chief Standing Counsel. Issue notice to respondent no.3 returnable at an early date.
Learned counsel for the petitioner submits that initially suit was filed by the petitioner in the court of Civil Judge (Junior Division), Court No.2, Lakhimpur Kheri, which was registered as Suit No.1045 of 2001, Bindra Prasad Vs. Pramod. In the said suit issue no.6 was framed "whether the suit is barred by the provisions of Section 331 of U.P. Z.A. & L.R. Act".
The trial court after hearing the parties in question by order dadted 28.7.2006 had held that the suit in question is not barred by the provisions of Section 331 of U.P. Z.A. & L.R. Act. The same was challenge by way of the revision and the revisional court by order dated 2.2.2009 had allowed the revision and held that the suit is barred by the provision of Section 331 of U.P. Z.A. & L.R. Act and further directed that the lower court should return the plaint for presentation to the proper court. More-over in pursuance to the order dated 2.2.2009 the lower court has passed the order dated 2.12.2009 for return of the plain.
According to the learned counsel for the petitioner that in pursuance to the order dated 2.12.2009 the plaint has not been return to the petitioner/plaintiff. He further submits that the order dated 2.2.2009 passed by respondent no.1 is contravention to the law as laid down by this Court in the case of Nandey Vs. The Board of Revenue, U.P. Allahabad and others reported in 1987 ALL. L.J. 538 and Kallo and others Vs. Jagdamba Prasad and others reported in 1995 S.C.D. 277.
Prima facie, the submission made by the learned counsel for the petitioner appears to be correct so if the plaint of the Suit No.1045 of 2001 is not already returned by the trial court to the plaintiff/petitioner in pursuance to the order dated 2.2.2009 passed by respondent no.1 for presentation before the proper court the same shall not be returned and be kept before the trial court i.e. Civil Judge (J.D.), Court No.2, Lakhimpur Kheri till the next date of listing.
Order Date :- 19.1.2010 Pramod