Court No. - 58
Case :- MATTERS UNDER ARTICLE 227 No. - 3063 of 2019 Petitioner :- Smt. Sarla Devi And Another Respondent :- Jitendra Mohan Mathur And Another Counsel for Petitioner :- Tarun Agrawal,Prakhar Srivastava Counsel for Respondent :- Akanksha Gaur
Hon'ble Dr. Yogendra Kumar Srivastava,J.
Heard Sri Tarun Agrawal, learned counsel for the petitioners and Ms. Akanksha Gaur, learned counsel appearing for the respondent.
The present petition seeks to challenge the order dated 23.08.2018 passed by the J.S.C.C. Aligarh in SCC Suit No. 110 of 2016, whereby the application (Application No. 110 Ga) praying for recall of the orders dated 13.04.2018 and 15.12.2017 was rejected, in terms of which opportunity to cross-examine PW-1 had been closed. The order dated 19.03.2019 passed in SCC Revision No. 22 of 2018 affirming the order dated 23.08.2018 is also sought to be challenged.
The courts below have taken notice of the fact that the suit was pending since the year 2011 and the defendant-tenant had been granted ample opportunity to cross-examine PW-1. Notice has also been taken of the fact that 13.12.2017 was the date fixed for cross-examination of the plaintiff's witnesses and for a period of 12 months opportunities had been granted in this regard. On 16.11.2017, the J.S.C.C. Aligarh granted one last opportunity to cross-examine PW-1 and 15.12.2017 was the next date fixed. On the said date a request for adjournment was made which was turned down and the opportunity to cross- examine PW-1 was closed. An application dated 07.02.2018 was moved by the defendant-tenant for recall of the order dated 15.12.2017 and the court fixed 10.04.2018 for disposal of the recall application; however on the date fixed no one was present to press the application and the same was dismissed in default. Again on 09.07.2018 an application was moved for recalling the orders dated 13.04.2018 and 15.12.2017 which was rejected by the J.S.C.C. Aligarh.
The revisional court has come to the conclusion that the order passed by the court of J.S.C.C. did not suffer from any material irregularity or error of jurisdiction so as to warrant interference in exercise of revisional jurisdiction.
The aforementioned facts of the case as noticed by the courts below have not been disputed by the counsel for the petitioners.
No material error or irregularity has been pointed out by the petitioner in the orders passed by the courts below so as to warrant interference.
The petition lacks merit and is, accordingly, dismissed.
Order Date :- 25.4.2019 Imroz [Dr. Y. K. Srivastava, J.]