SURYA PRAKASH GUPTA Vs. SANTOSH KUMARI

JUDGEMENT

(1.) By means of the present writ petition, the petitioner is inter alia challenging the order dated 17.10.2011 whereby the XIIth Additional District and Sessions Judge, Court No. 12, Bareilly in Small Cause Revision No. 7 of 2009 (Surya Prakash Vs. Smt. Santosh Kumari and another) has rejected the Application dated 17.10.2011 (Paper No. 53-C) whereby and wherein the prayers made by the petitioner before the Revisional Court to either remand the entire matter (the proceedings under Order 21 Rule 97 CPC) filed by the petitioner (third party applicant) to the lower court for giving its findings on all the points afresh after taking into consideration the additional evidence admitted on record during the pendency of the revision, after the order of remand dated 20.10.2010.

(2.) Brief facts of the case are as follows;

(3.) Respondent No. 1 allegedly claiming herself to be the landlady of the shop in dispute instituted a suit for ejectement, arrears of rent and mesne profits against the Respondent No. 2, Jagdish Narain Mehra on 30.4.2003. The said suit was registered as Small Cause Suit No. 29 of 2003 and was also decreed for eviction, arrears of rent and mesne profits on 26.8.2003 by the Judge Small Cause Court, Bareilly.