SUSHILA DEVI Vs. RAJNIKANT SINGH

JUDGEMENT

(1.) Heard Shri Rajnikant Singh, learned counsel for the defendant-petitioner and Shri Rishabh Kumar, learned counsel for the plaintiff-respondent.

(2.) Sushila Devi is before this Court for setting aside the order dated 6.8.2016 passed by the District Judge, Ballia in Civil Revision No. 228 of 2016 (Sushila Devi v. Rajni Kant) and the order dated 23.2.2016 passed by the Civil Judge (Senior Division)/F.T.C. Ballia in Original Suit No. 141 of 2010 (Rajnikant v. Sushila and others) and for direction to the respondent not to interfere in her peaceful possession of the land in question.

(3.) Record in question reflects that the plaintiff-respondent namely Rajnikant Singh had instituted Suit No. 141 of 2010 (Rajnikant v. Sushila Devi and others) in the Court of Civil Judge (Senior Division), Ballia for cancellation of sale deed dated 15.11.2008. In the aforesaid suit, the defendant-petitioner filed written statement stating that she purchased the land in question of the same Arazi No.14/8 area 96/145 decimal. She is in possession of the land in question before execution of the sale deed in the capacity of tenant. It has been further stated that the boundary specified in the sale deed dated 26.5.2006 is entirely different from the boundary specified in the sale deed dated 15.11.2008. When this fact came in the knowledge of the plaintiff-respondent, he moved an application under Order 6 Rule 17 of C.P.C. for amending the boundaries mentioned in the plaint. The matter was fixed on 10.9.2014 for deciding the amendment application. Again the date was fixed on 23.9.2014, which was a holiday and the matter came up for hearing on 24.9.2014. On the said date, when the counsel for the petitioner inspected the record of the file, it transpired that a new order was pasted in the order sheet whereby the amendment application was allowed. The petitioner filed an application on 15.10.2014 for recalling the order dated 10.9.2014. Without considering the recall application the Civil Judge (Senior Division)/FTC, Ballia passed the order dated 23.2.2016. Against aforesaid the petitioner filed a Civil Revision No. 228 of 2016 (Sushila Devi v. Rajni Kant) before the Court of District Judge, Ballia on 21.5.2016 . By the impugned order dated 6.8.2016, the District Judge, Ballia has dismissed the revision, giving rise to the writ petition.