LAXMAN DASS BHATIA Vs. PARVEEN CHATTERJEE

JUDGEMENT

(1.) This petition, under Article 227 of the Constitution of India, assails an order dtd. 30/5/2022, passed by the learned Civil Judge in Misc SCJ 158/19, which was an application filed by the petitioner, as the plaintiff before the Ld. Civil Judge, seeking an opportunity of hearing before orders were passed by the learned Civil Judge on the application of the respondent under Sec. 340 of the Code of Criminal Procedure, 1973.

(2.) It is not necessary to delve into the matter in any great detail. Para 5 of the impugned order discloses that Court notice, on the application of the respondent under Sec. 340 CrPC was issued to the petitioner for 11/3/2022. There was no appearance on 11/3/2022. On the said date, therefore, the learned Civil Judge heard the respondent on the Sec. 340 application and reserved orders, to be pronounced on 12/5/2022.

(3.) In the interregnum, i.e. between 11/3/2022 when orders were reserved and 12/5/2022 when orders were to be pronounced on the Sec. 340 CrPC application, the petitioner preferred an application before the learned Civil Judge on 12/4/2022, stating that, as the petitioner was residing abroad, he was not able to follow up the matter properly and praying, therefore, that he be heard before orders were passed on the respondent's Sec. 340 application.