CHHABI LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision is directed against the judgment dated July 10, 1984, of the Sessions Judge, Udaipur, setting aside the order of the Additional Chief Judicial Magistrate No. 1, Udaipur, dated January 23, 1984, dismissing the complaint of non-petitioner No. 2 as being barred by time.

(2.) The grievance of the petitioner is that the revision against the order of the Additional Cheif Judicial Magistrate, was heard by the Sessions Judge without proper service of notice of the revision on the petitioner. The petitioner was not heard and the principles of natural justice have thereby been violated.

(3.) The record of the revision petition before the Sessions Judge was summoned. The learned Sessions Judge has, however, reported that the same has been weeded-out There are clear averments in the revision petition that the notice sent to the petitioner was not served on him and that the revision was heard and decided ex-parte. These facts are not traversed by the non- petitioners. They have not filed any reply to the revision, although these facts were stated on affidavit by the petitioner. As the original record of the revision before the Sessions Judge is reported to have been weeded-out, there is no material to belie the averments made by the petitioner. Therefore, the order of the Sessions Judge dated July 10, 1984, deserves to be quashed.