PRAKASH CHANDRA Vs. CHAMPA DEVI

JUDGEMENT

(1.) THIS revision application has been filed against the order dated 13th March 1974 passed by the II Temp. Civil & Sessions Judge Allahabad in Criminal Appeal No. 553 of 1973 confirming the order of Munsif West Allahabad, dated 15-11-1973 in Criminal Misc. Case No. 1P6 of 1973 refusing to prosecute the opposite parlies for false verification of the written statement filed in suit No. 837 of 1971 and suit No. 594 of 1967 of the court of Judge Small Causes Allahabad.

(2.) THE allegation of the applicant had been that the opposite parties made fa'se statement of facts and verified the written statement in suit No. 837 of 1971 of the court of Munsif (West) Allahabad and suit No. 594 of 1967 of the court of Judge Small Causes Allahabad. From the findings recorded by the II Temp. Civil and Sessions Judge Allahabad it appears that both the suits by the opposite parties against the applicant were still pending on 13th March 1974 when the appeal was decided THE learned judge further observed that the issues with regard to the payment of rent was already framed in the said suit and therefore he has held that the finding of the learned Munsif and the Judge Small Causes on the point of default was still awaited and it would be premature to say that the allegations made by the opposite party in the plaint were wrong or false. Taking these circumstances into consideration and the other circumstances, the II Temp. Civil and Sessions Judge Allahabad confirmed the order passed by the Munsif and dismissed the appeal preferred by the applicant.