Court No. - 19
Case :- S.C.C. REVISION No. - 20 of 2019 Revisionist :- Kush Saigal Opposite Party :- Vineet Narayan Awasthi And 7 Others Counsel for Revisionist :- Ashutosh Sharma,Shri P.K. Jain, Sr. Advocate Counsel for Opposite Party :- Shiv Bahadur Singh,Anand Kumar Srivastava
Hon'ble Manoj Kumar Gupta,J.
By impugned order dated 22.1.2019, the Judge Small Causes has rejected the application paper No. 124Ga filed by defendant in SCC Suit No. 134/2014 declining to accept request for returning the plaint for being tried on the regular side.
Sri P.K. Jain, learned senior counsel assisted by Sri Baldev Raj Sahdev fairly agreed that the order impugned is interlocutory in nature, therefore, it is open to the defendant-revisionist to challenge the same along with final order passed in suit. He accordingly states that liberty be granted to the defendant- revisionist to assail the impugned order along with final order passed in suit, in case, the suit is ultimately decreed against the defendant.
Accordingly, without examining the validity of the impugned order, at this stage, the instant revision is disposed of with liberty to the defendant-revisionist to challenge the impugned order along with final order/judgment passed in suit, in case, occasion arises for challenging the same.
At this stage, Dr. Shiv Bahadur Singh, counsel for the plaintiff opposite parties points out that there is a direction by this Court to Judge Small Causes to conclude the proceedings of the suit within nine months, by fixing short dates. He submitted that the trial Court be directed to comply with the said direction.
It goes without saying that in case, there is any such direction, the trial Court shall make effort to decide the suit expeditiously and as directed by this Court.
(Manoj Kumar Gupta, J.) Order Date :- 28.2.2019 AM/-