Court No. - 30
Case :- MATTERS UNDER ARTICLE 227 No. - 5046 of 2018 Petitioner :- Dr. Umesh Bharadwaj Respondent :- Anil Singh And 2 Others Counsel for Petitioner :- Saurabh Sachan,Ashwani Kumar Sachan
Hon'ble Vivek Kumar Birla,J.
Heard Sri A.K. Sachan, learned counsel for the petitioner and perused the record.
Present petition has been filed challenging the order dated 24.5.2018 passed by the District Judge, Gautam Budh Nagar in SCC Civil Revision No. 357 of 2017 (Dr. Umesh Bhardwaj vs. Anil Kumar).
By the impugned order, the application being paper no. 36 filed by the petitioner for taking certain documents on record has been rejected on the ground that revision itself has not been admitted as the same has been filed along with delay condonation application under Section 5 of Limitation Act.
Submission of the learned counsel for the petitioner is that the acceptance of documents on record is extremely necessary as the judgement of trial Court was exparte and for the purpose of admission the documents are extremely material and liable to be considered by the revisional Court.
I have considered the submissions and perused the record.
Admittedly, the delay in filing the revision has not been condoned as yet, therefore, in the eye of law as on date no revision is pending and it cannot be considered that any revision is pending before the Court below as the delay in filing the revision has not been condoned as yet.
In such view of the matter, there is no legal infirmity or jurisdictional error in the order impugned herein at this stage in refusing to accept the document on record.
Present petition is accordingly dismissed. No order as to costs.
Order Date :- 26.7.2018 Abhishek