MALTI Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Agarwal,. J. This revision arises against the judgment dated 17-5-1993 passed in Criminal Revision No. 341 of 1991 by IVth Additional Sessions Judge, Budaun allowing the revision and setting aside the order passed in Criminal Case No. 6of 1991 under Section 125, Cr. RC.

(2.) THE present revision is preferred against the aforesaid order setting aside the grant of maintenance allowance to the applicant. Before entering into the merits of the case this Court on 13-12-1999 had directed as under:- "last opportunity is given to the parties to appear and argue the case failing which the case shall be decided on merit. "

(3.) FROM a bare perusal of Section 403 there remains no room for any com placence regarding the rights of any party to be heard by any Court who is exercising the revisional jurisdiction. It further sub jects this denial to the right of hearing of any party to two conditions. (a) where the code itself specially provides, the right of hearing cannot be cur tailed or (b) where the Court on its own after an examination of records find it fit to hear the parties, may hear them either personally or through their pleaders.