LAWS(ALL)-2021-3-78

NUSRAT ALI Vs. NAGARPALIKA SITAPUR

Decided On March 18, 2021
Nusrat Ali Appellant
V/S
Nagarpalika Sitapur Respondents

JUDGEMENT

(1.) Heard Sri P.R.S. Bajpai, learned counsel for the petitioner and Sri Rajiv Raman Srivastava,Advocate who is appearing for the opposite party no.1.

(2.) This petition has been filed challenging the judgment and order dated 11.12.2019 passed in Revision No.03/2016 and judgment and order dated 29.02.2016 passed in Case No.02/2016.

(3.) Submission of learned counsel for the petitioner is that the impugned orders have been passed by the small Cause Court without making any point of determination in violation of Order 20 Rule 4 of CPC. He further submitted that the revision has been dismissed relying on a judgment of this Court in the case of Janak Raj V. Smt. Indu Nath,2018 36 LCD 2314 in which Section 115 of CPC has been relied whereas the revision was filed under Section 25 of the Provincial Small Causes Courts Act,1887.