PRANAV BHARDWAJ Vs. STATE OF U P

JUDGEMENT

(1.) Petitioner has preferred this writ petition against the order dated 15.3.2012 passed by the Civil Judge, Senior Division, Gautam Buddh Nagar and has preferred this petition with the following prayers:

(2.) The aforesaid suit has been instituted by respondent No. 2 for recovery of certain amount from the petitioner. The court below vide order dated 15.3.2012 has directed for issuance of notice to the petitioner who is defendant in the suit to file his written statement.

(3.) It is a cardinal principle of natural justice that before deciding any lis between the parties, all parties should be given adequate opportunity of subletting explanation, adducing evidence and hearing before the suit is decided. Therefore, in case the court below has directed for issuance of notice, it is a step towards following the principles of natural justice which is a necessary requirement under the Civil Procedure Code also. In view of the above, I am of the opinion that the writ petition is misconceived and frivolous in nature which has been filed without any sense of responsibility. It is, therefore, dismissed with a token cost of Rs. 100 to be deposited by the petitioner within 10 days In the Registry, failing which, it shall be recovered as arrears of land revenue.