PAPPU TIWARI Vs. PRAMOD DUBEY

JUDGEMENT

(1.) Rejoinder affidavit filed today is taken on record.

(2.) This is a petition originally filed under Art. 226 of the Constitution of India questioning the order passed by the Additional District and Sessions Judge/ Special Judge (Essential Commodities Act), Varanasi in Civil Revision No.- 257 of 2010 filed by the defendant-respondent in the suit. Since after the judgment in the case of Radhey Shyam Vs. Chhabi Lal and others, 2015 5 SCC 423, the petition arising out of an order passed in the Civil Suit is only maintainable under Art. 227 of the Constitution, the petitioner has moved an amendment application. Both the parties agree that the petition may be permitted to be amended forthwith to be read with also as under Art. 227 of the Constitution and the petition may also be disposed of on merits. Hence, amendment application is allowed and learned counsel for the petitioner is permitted to amend the provision clause of memo of the petition forthwith.

(3.) Briefly stated the facts of the case are that a suit has been filed through power of attorney holder of the vendor for cancellation of a sale deed executed by the petitioner in favour of the defendant-respondent registered on 28th April, 2008. One of the issues framed was that whether the suit was under valued and the said issue was framed as issue No.3(A). The objection, it appears, was raised by the defendant-respondents that the suit was under valued and, accordingly, the issue came to be framed and also came to be adjudicated initially as a preliminary issue on the question of valuation of the suit property.