SARDAR NIHAL SINGH Vs. JAT DHARAMSHALA

JUDGEMENT

(1.) BY means of this writ petition, the petitioners have challenged the order dated 28.02.2005 passed by Civil Judge (Junior Division), Hardwar in Misc. Case No.1 of 2005 Nihal Singh v. Jat Dharamshala.

(2.) THE petitioner moved an application No. 40 -C under Section 47 of Code of Civil Procedure to file Rejoinder Affidavit within a period of one week. The said application was rejected by the Respondent No.3 Civil Judge (Junior Division), Hardwar against which the petitioner preferred a Revision No.1 of 2005 under Section 25 of Provincial Small Causes Courts Act, 1987 and the same was also rejected by the District Judge considering it as not maintainable.

(3.) THE petitioner is now challenging the order -dated 28.02.2005 passed by the Respondent No.3. The learned counsel for the petitioner argued that the application No. 42 -Ga under Section 45, 73, Code of Civil Procedure has not been decided by the court. The petitioner during the course of argument prayed that his application 42 -Ga may be decided on merit by the Civil Judge (Junior Division), Hardwar.