RAMESHWAR PRASAD Vs. ADDITIONAL DISTRICT AND SESSION JUDGE

JUDGEMENT

(1.) BY way of the instant writ petition, the petitioner has beseeched to quash and set-aside the orders dated 17th February, 2012 and 10th May, 2011 passed by Additional District Judge, Aklera, District Jhalawar and Debt Recovery Tribunal {Civil Judge (Sr.Div.)} Aklera respectively.

(2.) HAVING heard the learned counsel for the petitioner and carefully perused the relevant material on record including the impugned orders, it is noticed that an application was filed by respondent/applicant before the Debt Recovery Tribunal for recovery of Rs. 176860/- together with interest of Rs. 48920/- from the petitioner/non applicant. The learned Debt Recovery Tribunal vide its order dated 10.5.2011 allowed the application and directed the petitioner/non applicant to pay Rs. 2,25,780/- in total (Rs. 1,76,860/- towards principal and Rs. 48,920/- towards interest). Aggrieved with the order dated 10.5.2011, the petitioner-non applicant preferred a revision petition before the revisional court. The revisional court also, vide its order dated 17.2.2012, dismissed the revision of the petitioner-non applicant and affirmed the order of the learned Debt Recovery Tribunal. Thus, there has been a concurrent finding of fact of both the courts below.

(3.) IN this case, the Hon'ble Apex Court observed that the High Court had no jurisdiction after reversing the concurrent findings of fact of the courts below and remand the case to the Additional Judicial Commissioner.