Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 6608 of 2018 Petitioner :- Dilip Kumar Srivastava Respondent :- Pradeep Kumar Srivastava Counsel for Petitioner :- Rajesh Sharma Counsel for Respondent :- Kailash Nath Singh,M Sarwar Khan
Hon'ble Vivek Kumar Birla,J.
Heard Sri Rajesh Sharma, learned counsel for the petitioner and Sri M. Sarwar Khan, learned counsel for the respondent and perused the record.
Present petition has been filed challenging the impugned order dated 22.5.2018 passed by the Court below. A further prayer has been made to direct the Court below not to take action in pursuance of the order dated 22.5.2018.
By the impugned order dated 22.5.2018 the lower revisional Court has remanded back the case to the trial Court for decision afresh on merits particularly on the issue of applicability of the Act considering the evidence on record.
Learned counsel for the petitioner has sought to argue the case on merits and argued before this Court that the judgement of the trial Court was correct and therefore, the lower revisional Court has committed mistake in remanding back the matter to the trial Court for decision afresh.
Per contra, learned counsel for the respondent has supported the impugned order.
I have considered the rival submissions and perused the record.
The impugned order is an order of remand wherein after considering several documents on record the lower revisional Court is of the opinion that a finding of fact has to be recorded by the trial Court on merit to decide the issue of applicability of Act and has also directed that both the parties shall be afforded an opportunity of hearing.
In such view of the matter, I am not inclined to interfere with the order impugned herein.
Present petition is accordingly dismissed, however, with the observation that both the parties shall be at liberty to lead any further evidence, if they so desire before the trial Court and the Court below shall consider the same by applying its mind independently.
No order as to costs.
Order Date :- 7.9.2018 Abhishek