JAMUNA PRASAD Vs. XITH ADDITIONAL DISTRICT JUDGE ALLAHABAD

JUDGEMENT

(1.) Heard Sri R. K. Gupta learned counsel for the petitioner who was one of the plaintiffs in Suit No. 157 of 1987. The order dated 14.9.1998 passed by Sri A. K. Kakkar, XIth Additional District Judge, Allahabad on a review petition has been challenged.

(2.) The petitioner Jamuna Prasad who is the guardian of Sri Ram, a person of unsound mind had filed Suit No. 157 of 1987 as next friend in which the reliefs of cancellation of sale deed dated 20.6.1986 executed in favour of respondent Nos. 2 and 3 as well as of permanent injunction were claimed. With the filing of Suit No. 157 of 1987, an application for temporary injunction was moved which was allowed by the trial court after hearing the parties on 10.4.1987. Against this order of temporary injunction, the defendant Nos. 2 and 3 filed a Misc. Civil Appeal No. 153 of 1987 which was dismissed by Sri A. K. Kakkar, on 26.8.1998 on merits. It appears that defendant respondent Nos. 2 and 3 filed a review application No. 64 of 1998 which has been allowed by XIth Additional District Judge, Allahabad by the impugned order dated 14.9.1998 a copy of which is Annexure-7 to this writ petition. The order passed by Sri A. K. Kakkar, XIth Additional District Judge on the review application runs as follows :

(3.) The learned counsel for the petitioner urged that the learned XIth Additional District Judge, Allahabad has set-aside the order dated 26,8.1998 passed in Appeal No. 153 of 1987 in a most cursory, perfunctory and mechanical manner without applying his judicial mind. It was also urged that the learned XIth Additional District Judge has not recorded any finding that the order dated 26.8.1998 dismissing the appeal was the outcome of any error apparent on the face of the record or that there was sufficient cause to review/recall the order dated 26-8.1998. This submission of the learned counsel for the petitioner is not without force and substance.