DIWAN SINGH Vs. SANJAY LAKHOTIA & ANOTHER

JUDGEMENT

(1.) The revisionist/tenant has challenged the order passed by the learned District Judge while sitting in a Revision under Section 25 of Provincial Small Causes Courts Act.

(2.) Brief backdrop of the case is that the respondents herein who are the successors of the Principal Landlord Late Shri Raghunandan Lakhotia was a plaintiff in a suit filed under Section 15 of the Act registered as SCC Suit No. 12/2010 before the SCC Court Civil Judge (S. D. ), Ramnagar, District Nainital. Apparently from the record, the said suit as instituted by the predecessor of the present respondent was dismissed by the Judge, Small Causes vide judgment dated 06. 4. 2015.

(3.) Against this judgment dismissing the suit, a revision was preferred by the predecessor of the present respondent invoking Section 25, which was registered as SCC Revision No. 23/2015 'Raghunandan Lakhotia vs. Diwan Singh'. The said revision was ultimately heard on merits and the judgment was reserved by an order dated 05. 8. 2016. After the judgment was reserved, the sole revisionist Raghunandan Lakhotia met with the sad demise on 18. 8. 2016. The fact about his death was brought on record by virtue of an application, which was filed before the Revisional Court by the respondent/landlord.