BHAGWANI Vs. VIITH ADDITIONAL DISTRICT JUDGE, GORAKHPUR

JUDGEMENT

(1.) THE present writ petition is against an order of the VII Additional District Judge, Gorakhpur in Civil Revision No. 199 of 1985, Smt. Beila Devi v. Smt. Bhagwani. The matter arises out of the jurisdiction of Judge Small Causes in pursuance of Section 20 of U.P. Act No. 13 of 1972 when the landlords (petitioners) filed a suit against the tenant (respondent No. 2); the cause of action was arrears of rent and consequential default. The Judge Small Causes had decreed the suit and against this the tenant (respondent No. 2) had filed the aforesaid revision. This revision was dismissed in default on 15th January, 1987 and the interim order staying the execution which has so far been continuing, has also been vacated on that day. The order dismissing the revision in default, was recalled by the VII Additional District Judge, Gorakhpur, and rightly, this discretion which had been exercised was in accordance with law and in accord with a decision of this Court in Smt. K.L. Sehgal v. The Commissioner, Allahabad and others, A.I.R. 1971 All 573.

(2.) THE order of 19th March, 1987, of the learned District Judge aforesaid restoring the revision to its original number and in effect directing that it will be heard on merit, has been assailed in the present writ petition. There is no error in the present decision and it does not warrant interference under Article 226 of the Constitution of India.

(3.) LEARNED counsel for the petitioners pleaded that while the revision may be considered by the learned District Judge on merits and at a very earl;y date, no order ought to be passed against the landlord requiring him to deliver possession to the tenant and to this extent the District Judge may be restrained.