LAWS(ALL)-2004-12-140

PARAMSHILA DEVI Vs. KAMLESH KUMAR PAL

Decided On December 23, 2004
Paramshila Devi Appellant
V/S
KAMLESH KUMAR PAL Respondents

JUDGEMENT

(1.) THIS writ petition filed by the petitioner - tenant under Article 226 of the Constitution of India challenges the order dated 1 -11 -2003 passed by the revisional Court.

(2.) THE facts leading to filing of the present writ petition are as under.

(3.) LEARNED Counsel for the petitioner has submitted that the revisional Court has committed an error apparent on the face of record when it allowed the revision on the ground that the petitioner has not complied with the provisions of proviso to Section 17 of the Provincial Small Cause Courts Act, 1887, inasmuch as the bond furnished by the petitioner was not stamped. Learned counsel for the petitioner has referred to the order Annexure 14 dated 17 -12 -2002 passed by the trial Court whereby the trial Court has accepted the bond furnished by the petitioner in compliance with the proviso to Section 17 of the Provincial Small Cause Courts Act, 1887.