LAWS(ALL)-2004-2-105

RAM KRISHNA Vs. IIND ADDL DISTRICT JUDGE FATEHPUR

Decided On February 12, 2004
RAM KRISHNA Appellant
V/S
IIND ADDL DISTRICT JUDGE FATEHPUR Respondents

JUDGEMENT

(1.) ASHOK Bhushan, J. Heard Shri Haider Hussain, Counsel for the petitioners and Shri Srikant appearing for respondents.

(2.) BY this writ petition the petitioners have prayed for quashing the order dated 5-7-1984 (Annexure-3 to the writ petition) passed by 2nd Additional District Judge, Fatehpur in revision filed against the order of trial Court dated 22-10-1983. Brief facts necessary for appreciating the controversy between the parties is as follows :

(3.) THE revisional Court vide its order dated 5-7-1984 took the view that extension of time for depositing the cost could not have been made by the trial Court and the order of the trial Court extending the time was not within jurisdiction. THE revisional Court held that the time of 15 days for payment of cost granted by the learned Special Judge could have been extended only by appellate Court and not by the trial Court.