DALPAT SINGH AND OTHERS Vs. IST ADDL. DISTRICT JUDGE, BIJNOR AND ANOTHER
LAWS(ALL)-1996-7-134
HIGH COURT OF ALLAHABAD
Decided on July 31,1996

Dalpat Singh And Others Appellant
VERSUS
Ist Addl. District Judge, Bijnor Respondents

JUDGEMENT

A.B.Srivastava, J. - (1.) THIS is a sixteen years old writ petition which was filed against a revisional order of the District Judge, Bijnor, whereby reversing the order of the Judge Small Causes he decreed the suit of the plaintiff -respondent No. 2 for recovery of a sum of Rs. 507.50 Notice by Registered post was sent to the respondent No. 2 with Acknowledgment Due but the same was not returned back, as such service on the said respondent is sufficient. He has not put in appearance Learned counsel for the petitioner has been heard The claim of the plaintiff -respondent was for certain dues in respect of Kolhu, Karaha etc. in the season 1974 -75 alleged to have been given on hire to the plaintiff petitioners The learned J.S.C.C. before whom the parties entered into evidence on a consideration of the same held the claim of the plaintiff -respondent not established and dismissed the suit The revisional court however reversed the same. It would be found on a perusal of the two judgments on record that the Court of Small Causes in coming to its conclusion considered each and every aspect of the evidence. In a revision under Section 25 of the Provincial Small Causes Courts Act it was not open to the District Judge to reappraise the merits of the evidence more so when the findings recorded by the JSCC was in no way perverse or illegal Such being the state, the impugned judgment and order of the revisional court deserves to be quashed
(2.) THE writ petition is allowed. The impugned judgment and order dated 4.2.1981 of the revisional Court is hereby quashed and the decree passed by the J.S.C.C. is restored Interim order is recalled There shall be no order as to costs;


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