SOHAN VIR SINGH Vs. KUNWAR SINGH

JUDGEMENT

(1.) Heard

(2.) This revision is directed against the order dated 18.04.2013 passed by III Additional District Judge/ Judge, Small Cause Court, Dehradun, in SCC Suit No. 10 of 2009, whereby said court has rejected application 57C moved by the tenant (revisionist) to dismiss the suit for the want of the establishment of court of Small Cause at Dehradun.

(3.) It appears that the defendant (revisionist) relying on the information received by someone under Right to Information Act, (wherein it was mentioned that no copy of Notification of establishment of Judge Small Cause Court at Dehradun, was available) moved application 57C to dismiss the suit . The trial court after hearing the parties found that application 57C is malafide, and further found that the defendant has moved the application only to delay the proceedings of the suit.