HARI BAHADUR LAKHTAKIA Vs. DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) -This writ petition is directed against the order dated 23.3.1990 passed by District Judge, Allahabad dismissing the revision preferred against order dated 19.4.1989 passed by Munsif (West) in Original Suit No. 192 of 1988.

(2.) PLAINTIFF filed a suit for ejectment of defendant No. 1 from a portion of House No. 840, Old Katra, University Road, Allahabad, for pendente lite and future damages for use and occupation at the rate of Rs. 41.70 per month.

(3.) LEARNED counsel for the petitioner urged that revision lay against the impugned order. Document requires compulsory registration and was inadmissible for evidence. Order passed by trial court admitting a document as admissible in law being memorandum of partition is a 'case decided' and the District Judge erred in law in dismissing the revision as not maintainable. He relied on : (1) Major S. S. Khanna v. Brig, F.J. Dillon, AIR 1964 SC 497. (2) Shah Prabhu Das Ishwar Das v. Coparceners of a Joint Hindu Family of Shah Bhogilal Nathalal and others, AIR 1968 Guj 236.