SAURABH GOYAL Vs. UPDESH RATHORE

JUDGEMENT

(1.) Heard. This petition filed under Article 227 of the Constitution is directed against the judgment and decree dated 21.12.2012 passed by the court below in Civil Suit No. 17A/2012. In relief clause 7(1), the petitioner has prayed for a direction for taking action against the persons responsible. In addition, he prayed for setting aside the judgment and decree.

(2.) In the opinion of this Court, against the judgment and decree the petitioner has a remedy to file an appeal under the provisions of Code of Civil Procedure. Thus, I am not inclined to entertain the relief 7(2) in this petition and deem it proper to permit the petitioner to file appropriate proceedings for the same. This petition is entertained only for relief 7(1).

(3.) This matter was earlier listed before this Court on 21.3.2013. The petitioner relied on (U.P. Judicial Officers Association Vs. Union of India and others, 1994 4 SCC 687). In the light of the said judgment, Registry was directed to place the matter before Hon'ble the Chief Justice. Consequently, the matter was placed before Hon'ble. The Acting Chief Justice and orders were obtained. It is opined that in the facts of the case, no criminal action is required to be taken in the matter. In turn, matter is again posted for admission before this Court.