MOHD MUZAMMIL KHAN Vs. MOHD NADIR KHAN

JUDGEMENT

(1.) THIS revision is directed against the order dated 6.2.2009, passed in S.C.C. Suit No. 10 of 2001 by Additional District Judge, Court No. 10, Aligarh, whereby the application No. 117Ga (under Section 23 of the Provincial Small Causes Court Act) for return of plaint to the plaintiff to present before the competent court has been dismissed.

(2.) THE suit inter alia was filed for arrears of rent and ejectment by the plaintiff-respondent against the revisionist. In the said suit an application was filed by the revisionist under Section 23 of the Small Causes Court Act (in short "Act") for return of plaint alleging that the intricate question of title is involved in the matter. THErefore, the Court was not competent in terms of the aforesaid Section to decide the suit. THE said application by order dated 1.5.2004, was dismissed by the court below holding that the application filed under Section 23 of the Act is misconceived and has no force. Subsequent thereto another application under Section 23 was again filed by the applicant and the same was also dismissed by order dated 6.2.2009. Hence, the present revision.

(3.) THE suit inter alia was filed for arrears of rent and ejectment and the revisionist filed an application under Section 23 of the Act with the prayer to return the plaint to the plaintiffs to present before the competent court on the ground that intricate question of title is involved in the matter as such it cannot be decided by the Small Causes Court. THE said application was dismissed by the court below by detailed and reasoned order dated 1.5.2004. Subsequent thereto another application was filed under Section 23 of the Act, based on the same facts and that too has been dismissed by the impugned order dated 6.2.2009. THE court below has very rightly observed in the impugned order that once an application dated 6.1.2003 filed by the petitioner under Section 23 was already dismissed on merit by the court below on 1.5.2004, thereafter, the second application under Section 23 of the Act, based on the same facts is misconceived and not maintainable.