Court No. - 9
Case :- CIVIL REVISION No. - 43 of 2001 Revisionist :- Smt. Saroj Agrawal & Others Opposite Party :- Raja Kalimohan Nath Mishra & Others Counsel for Revisionist :- M.K. Gupta
Hon'ble Anjani Kumar Mishra,J.
In this revision, notices have been issued to the revisionists to engage another counsel on the elevation of their counsel to the Bench. This notice was issued fixing 09.03.2015 for appearance.
Office has reported that the notices sent to the revisionist nos.1 and 2 have been returned with the endorsement that the said revisionists, are dead.
In so far as the revisionist no.3 is concerned, the registered notices have not returned, unserved. The service of notice is therefore, deemed to be sufficient under the Rules of the Court.
None has appeared for the respondent no.3.
Under the circumstances, the revision stands abated, in so far as it has been filed by the revisionist nos.1 and 2.
The instant revision is directed against the order dated 21.10.2002 whereby issue nos.1 and 2 in suit were decided.
Issue no.1 was whether the Court had jurisdiction to hear the suit while issue no.2 pertained to the valuation of the suit.
While deciding issue no.2, it was found that the valuation of the suit is only Rs.1560/- and therefore, the suit was cognizable by the Civil Judge (Junior Division). The suit had, in fact, been instituted before the Civil Judge (Senior Division). It is, this order which is impugned in this revision.
The order impugned being indivisible and since the revision has abated, in so far as, it is by the revisionists 1 and 2, the revision abates as a whole.
It is, accordingly, dismissed as abated.
Order Date :- 13.9.2018 Jitendra Digitally signed by ANJANI KUMAR MISHRA Date: 2018.09.14 10:02:58 IST Reason: Document Owner Location: High Court of Judicature at Allahabad