MOHD MOHSIN Vs. DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) -This is an utterly frivolous writ petition. Petitioners defendants are not allowing S.C.C. Suit No. 88 of 1996 to be decided. This is a landlord tenant matter, according to the plaintiff. Earlier, defendants filed an application under Section 23, Provincial Small Cause Courts Act for return of plaint for filing before regular civil court as according to them question of title was involved. On the said application, an order was passed on 8.7.2004 to the effect that the said question would be considered after conclusion of evidence. Thereafter, landlady respondent examined herself. After her examination, defendants petitioners again filed application under Section 23 of Provincial Small Cause Courts Act, which was rejected by J.S.C.C., Meerut on 3.5.2007. Against the said order S.C.C. Revision No. 31 of 2007 was filed, which has also been dismissed by Incharge District Judge, Meerut through order dated 17.7.2007, hence this writ petition.

(2.) ORDER dated 8.7.2004 was never challenged. In view of the said order, it was not open to the defendants to file another application before conclusion of evidence. Learned counsel for the petitioners clearly admits that evidence of defendants has not yet commenced.

(3.) WRIT petition is dismissed.