KAMLESH BABU SHAKYA Vs. RAKESH BABU SHAKYA

JUDGEMENT

(1.) This revision under Sec. 115 of CPC has been filed against the order dtd. 30/4/2025 passed by Second Additional Sessions Judge, Gohad, District Bhind passed in MCA No. 25/2022.

(2.) It is really surprising that the Presiding Officer was exercising the civil jurisdiction but still he has signed the order in the capacity of Second Additional Sessions Judge, Gohad, District Bhind. Either the concerning Presiding Officer is not aware of distinction between civil jurisdiction and criminal jurisdiction or he is negligent in signing the orders.

(3.) The facts necessary for disposal of this revision in short are that respondent / plaintiff filed a civil suit. On 17/5/2006, a direction was given to the respondent / plaintiff to pay the process fee for service of notice on defendant No. 3. However, the process fee was not paid. Thereafter, on 26/8/2006, an application was filed by the respondent / plaintiff seeking permission to pay the process fee which was allowed. In spite of that, process fee was not paid. On 26/8/2006, 25/9/2006, 16/11/2006, and 23/12/2006, process fee was not paid for service of notice on defendant No. 3. On 25/1/2007, neither plaintiff nor his counsel was present. Even the process fee was not paid.