BIRLA TYRES Vs. JOGENDRA SETHI

JUDGEMENT

(1.) LEARNED Addl.Govt. Advocate accepts notice for the Opp.Party No.5. Heard.

(2.) THIS Civil Revision is directed against order passed on 5.7.2003 by the Civil Judge (Senior Division), Balasore in Execution Case No.28 of 2002. One Sri Anoj Kumar Agarwal has filed an affidavit stating that though the decision reported in 2003 (1) LACC 170 (Govt. of Goa v. Agrelo Santlmans Ferndes and others) was relied on, but learned Civil Judge did not consider the citation while passing the impugned order. If that be so, learned Civil Judge is cautioned to desist from such a wrong practice inasmuch as when parties refer to and rely on citations in support of their contentions, such citations should be referred to whether or not accepted as the law governing the field and such observation be noted in the order. Since that aspect was not considered by the Court below which is apparent from the impugned order, this Court sets aside the impugned order and direct the Civil Judge (Sr. Division), Balasore to afresh hear the matter and dispose of the same in accordance with law. He shall bear in mind that this Court has passed no comment on the merit of the impugned order. In other words, he is to consider the matter afresh both on facts and law and to pass appropriate order. Civil Revision is disposed of accordingly. Revision disposed of.