RANJIT BAHADUR RAI Vs. STATE OF U P

JUDGEMENT

(1.) P. K. Jain, J. This revision is di rected against the judgment and order dated 20-11-1995 passed by Sri Ram Sagar Verma, the then 4th Addl, Sessions Judge, Azamgarh whereby he set aside the order dated 24-4-1995 passed by the S. D. M. Sagri, district Azamgarh in pro ceedings under Section 145, Cr. P. C. .

(2.) HEARD Sri R. M. Singh, learned Counsel for the revisionist and learned Counsel for the opposite parties.

(3.) PERUSAL of the trial Court's record shows that parties had simply filed photo copies of some documents and were not given an opportunity to adduce any oral evidence. The learned Magistrate has ob served in his order that in respect of the plots in question the present revisionist has filed a Civil Suit which is pending in the Court of Munsif and has filed certified copy of plaint in Suit No. 459 of 1993 (Misc. Case No. 27 of 1993) and the suit was in respect of plot Nos. 19, 323r 716, 928 and 930 which are disputed plots in the present proceedings. The suil appeals to have been filed on 31-5-1993 and the preliminary order in the present case was passed on 23-4-1993. In the said suit prayer for cancellation of decree in suit no. 578 of 1980 dated 21-5-1992 and in the alternative for decree of declaration that the decree dated 21-5-1992 was not bind ing upon the plaintiff, was made. There is thus, no dispute that the suit in respect of the disputed plots of land was pending between the parties although the suit was filed after passing of the preliminary or der. None of the parties has challenged that the dropping of the proceedings on the said ground was beyond jurisdiction.