JUDGEMENT
M. Wahajuddin, J. -
(1.) Heard the Counsel. I have gone through the record of this application. The applicants have filed a revision directed against the order dated 23 -2 -1980 of the Magistrate attaching the property under Sec. 146(1), Code of Criminal Procedure, and directing that some Supardar be appointed and parties may have their possession determined from some competent civil court.
2 The revision, i.e., Criminal Revision No. 16 of 1980, was disposed of vide the order dated 24 -9 -1980 by the III Additional District & Sessions Judge, Mathura. It could not have been decided ex parte. A perusal of the judgment in revision, certified copy of which has been filed, shows that the Additional Sessions Judge simply stated that he has perused the record of the court below and finds no obvious ground to interfere with the order of the lower court. He should have considered the grounds of revision, when deciding it behind the back of the revisionist, i.e., present applicants. He should have also discussed the various materials on record. The judgment is no judgment in the eye of law.
3. An affidavit of the Counsel, Sri S.P. Srivastava, who was engaged on behalf of the revisionists, namely, the present applicants, has been filed. He was expressly stated in the affidavit that the date fixed was 27 -9 -80 and when he reached the Court on that date, he found that the revision has been disposed of in the absence of the revisionists and their Counsel on 24 -9 -1980. He has stated that neither he, nor the revisionist had any information about the date, i.e., of 24 -9 -1980 on which date the revision has been disposed of. There is no counter -affidavit controverting such averments. The applicants have also made such averments, besides the aforesaid Counsel. Uncontroverted averments have to be accepted. There has, thus, been an abuse of the process of law and it is a proper case for exercising the inherent powers.
4. The application is allowed. the judgment and order dated 24 -9 -1980 of the Additional Sessions Judge Mathura, in Criminal Revision No 16 of 1980 is set aside and it is hereby directed that the revision be heard and disposed of, after affording opportunity to the parties for making their submissions, in accordance with law.;
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