RAJU JAISWAL Vs. RAVI AGRAWAL AND ORS.

JUDGEMENT

(1.) Heard Sri B.D. Mandhyan, learned Senior Counsel assisted by Sri V.K. Singh and Sri Anshu Chaudhary, learned Counsel for the petitioner and Sri U.N. Sharma, learned Senior Counsel assisted by Sri Sandeep Singh, learned Counsel appearing for Sri Ravi Agrawal, the power of attorney holder of the respondents. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 11.4.2012 passed by Judge, Small Causes Court in SCC suit No. 33/2001 (Ravi Agrawal v. Om Prakash Jaiswal) and order dated 22.11.2014 passed by In-charge, District Judge, Allahabad in revision No. 239 of 2014 (Om Prakash Jaiswal v. Ravi Agrawal).

(2.) Vide order dated 11.4.2012, the petitioner's application No. 34-C for accepting the written statement by modifying the order dated 19.10.2011 was rejected, whereas by the subsequent order dated 22.11.2014, the revision filed by the petitioner against the order dated 11.4.2012 has also been dismissed.

(3.) The facts giving rise to this case are that the respondent herein filed SCC suit No. 33/2001 (Ravi Agrawal v. Om Prakash Jaiswal), before the Judge, Small Causes Court for ejectment of the petitioner's father on the ground of default in payment of rent and sub-letting, in the year 2001. In the suit, the petitioner herein filed an application (20-C) under section 23 of the Provincial Small Causes Courts Act, 1887 (in short, 'the Act') for returning the plaint before the Civil Court, as the question of title was involved and the defendant-petitioner had already filed a suit for declaration of his title being Original Suit No. 648 of 2000 (Om Prakash Jaiswal v. Ravi Agarwal and others) in the Court of Civil Judge (Senior Division), Allahabad, in which the respondents, herein, have already filed written statement.