AJAY KUMAR GARG Vs. ASHOK KUMAR PACHAURI

JUDGEMENT

(1.) The present writ petition has been filed against the judgment and order dated 19.11.2010 passed by the District Judge, Aligarh in S.C.C. Revision No. Nil of 2010, Ajay Kumar v. Ashok Kumar (Annexure-7) upholding the order of the Trial Court dated 22.10.2010 (Annexure-6) whereby the application of the petitioner raising a preliminary issue that the Judge Small Causes Court has no jurisdiction to entertain the said suit was rejected by the said Court. The brief facts of the case are as follows:

(2.) Being aggrieved and dissatisfied with the said order, a revision was filed by the petitioner before the District Judge, Aligarh, which too was rejected by order date 19.11.2010. Learned Counsel for the petitioner submitted that the impugned of the petitioner was ever served upon him and as such the Trial Court has no jurisdiction to entertain the suit without deciding the preliminary suffer from a manifest error apparent on the face of record and the same are liable to be set aside by the this Court. He further submits that no notice terminating the tenancy orders issue regarding maintainability of the suit itself.

(3.) Heard learned Counsel for the parties and perusal the record.