(1.) Heard Shri Yusuf Saifi, learned counsel appearing under the authority of Shri Aftab Ahmad learned counsel for the revisionist and Shri Shyam Mohan learned counsel for the respondent.
(2.) The instant SCC revision has been preferred by the revisionist-defendant against the order dtd. 26/7/2011 passed by the Additional District Judge, Court No.2, Balrampur (acting as Judge Small Causes) in SCC Suit No.3/2001/1995 whereby an application under Sec. 23 of the Provincial Small Cause Court Act 1887 (hereinafter referred to as PSCC) moved by the revisionist bearing paper No.170 Ga was rejected.
(3.) In order to appreciate the controversy involved in the instant revision, brief facts are being noticed hereinafter.