RAM BHAROSE LAL VERMA Vs. DISTRICT JUDGE, ETAH

JUDGEMENT

(1.) Heard Sri M.N. Singh, counsel for the petitioner and Sri Anadi Krishna Narain for the respondent-landlord. In all these writ petitions, the facts and questions of law are common, therefore, as requested by learned counsel for parties, are being decided by this common judgment.

(2.) In Writ Petition No. 43172 of 2005 (in short the "first petition"), the petitioner Ram Bharose Lal Verma has assailed the order dated 4th May, 2005 passed by District Judge, Etah, rejecting petitioner's application 13C, dated 2.5.2005 as also S.C.C. Revision No. 6 of 2004 and directing for return of record of S.C.C. Suit No. 4 of 1987 to Small Causes Court for expeditious disposal of suit. He has also assailed the order dated 20th January, 2005 passed by Small Causes Court/Additional Civil Judge, Senior Division, Court No. 18, Etah rejecting petitioner's application under Section 23 of Provincial Small Causes Court Act, 1887 (hereinafter referred to as Act 1887) for returning the plaint so as to be presented before appropriate regular Court.

(3.) In Writ Petition No. 45106 of 2007 (in short the "second petition"), similar orders are under challenge with the difference that trial court passed order on 7.11.2005 in S.C.C. Suit No. 8 of 1991 and revision was dismissed by Special Judge/Additional District Judge, Etah vide his judgment dated 10th July. 2007.