RAMESHWER PRASAD PANDEY Vs. PRAVEEN KUMAR DARWARI

JUDGEMENT

(1.) -It is not disputed that application under Order 9, Rule 13 Civil Procedure Code was filed by petitioner and there was no compliance of Sec. 17 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the "Act, 1887").

(2.) The issue of Sec. 17 of Act, 1887 of Act, 1972 is now covered by this Court's decision in Prem Chandra Mishra Vs. IInd Additional District Judge, Etah & Ors., 2008(3) ARC 928 where this Court, following earlier decision in Lachhi Ram Vs. First Additional District Judge, Meerut and others, 1984(1) ARC 4 ; Shiv Shankar Singh Vs. IVth A.D.J. Kanpur, 1997 (1) ARC 491 , in paras 18, 22 and 24 of the judgment held as under:

(3.) I am, therefore, in respectful agreement of the aforesaid decision and in view thereof, I do not find any error apparent on the face of record in the impugned orders warranting any interference.