LAWS(ALL)-2009-4-202

SHEO DEEN MISHRA Vs. AJAI KUMAR JAIN

Decided On April 29, 2009
SHEO DEEN MISHRA Appellant
V/S
AJAI KUMAR JAIN Respondents

JUDGEMENT

(1.) THIS revision is directed against the order dated 30.10.2007, passed by IIIrd Additional District Judge, Kanpur Nagar in S.C.C. Suit No. 43 of 2006, whereby the court below has rejected the application paper No, 19Ga filed by the revisionist-defendant for returning the replication to the plaintiff-respondent.

(2.) THE S.C.C. Suit No. 43 of 2006 was filed inter alia for arrears of rent and ejectment and the written statement was filed by the revisionist, whereafter the replication was filed by the respondent-plaintiff. THE defendant-revisionist filed an application for returning the replication to the plaintiff. THE said application has been dismissed. Hence, the present revision.

(3.) ON the other hand learned counsel for the respondent-plaintiff has submitted that the replication was filed with the leave of the Court as such it is maintainable.