MADANLAL AGARWAL Vs. SITA DEVI KHIRWAL

JUDGEMENT

(1.) THE present petition has been preferred by the original defendant in Eviction Suit No. 14 of 2005. The petitioner (original defendant) is challenging the order passed by the trial court dated January 28, 2009 in Eviction Suit No. 14 of 2005 (Annexure 4 to the memo of the present petition), whereby the application, preferred by the present petitioner (original defendant) that the plaint should be dismissed or returned, as there is no proper verification at the end of the plaint, as required under Order VI Rule 15 of the Code of Civil Procedure. This application, preferred by the original defendant, has been dismissed and, therefore, being aggrieved of that order, the original defendant has preferred this writ petition under Article 227 of the Constitution of India.

(2.) HAVING heard learned counsel for the petitioner and looking to the facts and circumstances of the case, I see no reason to entertain this petition mainly for the following reasons:

(3.) IN view of these facts, no error has been committed by the trial court much less an error on the face of the record and, therefore, I see no reason to interfere with, the impugned order, passed by the trial court, in exercise of power under Article 227 of the Constitution of India. I hereby dismiss the writ petition and direct the trial court to finally decide the Eviction Suit within a period of four weeks from the date of receipt of a copy of the order, passed by this Court. No unnecessary adjournment will be given by the trial court. All the legal contentions are left open, which will be raised by the present petitioner at the time of final hearing, including the maintainability etc.