Petitioner applied under Article 226/227 to quash the Sub Judge Order recalling a prior decree. The High Court held no reason to interfere as the court was adjudicating merits. Application dismissed.
The application under Article 227 was dismissed. The eviction suit was directed to be disposed within six months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.19235 of 2011
====================================================== 1. Md.Ehteshamuddin Son Of Late Abdul Quayum Resident Of Mohalla Sadar Chowk, Ward No. 26 Dehri, Police Station Dehri, District - Rohtas .... .... Petitioner/s Versus 1. Sardar Amarjeet Singh @ Sardar Amar Jit Singh Son Of Late Jagat Singh Resident Of Mohalla Munhara Gali, Paril Kothi, Post Office And Police Station Dehri, District - Rohtas .... .... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Najmul Hoda ====================================================== CORAM: HONOURABLE MR. JUSTICE CHAKRADHARI SHARAN SINGH ORAL ORDER 3 26-07-2013 This is an application under Article 227 of the Constitution of India seeking quashing of the order dated 6.8.2011 (Annexure-5) passed by learned Sub Judge-2nd , Sasaram in Eviction Suit No. 6 of 2008. It has been contended on behalf of the petitioner that by impugned order the Court below recalled its earlier orders dated 23.5.2009 and 27.10.2010 which power the Court below did not have. By order dated 23.5.2009(Annexure-1) the Court had directed the respondent/defendant to pay arrears of rent and current rent. By the order dated 27.12.2010, in exercise of power under Section 15(1) of the Bihar Buildings (Lease Rent, and Eviction) Control Act, 1982 the Court below ordered for striking off the defence of the respondent in view of failure on his part to pay the arrears of rent and current rent.
Patna High Court CWJC No.19235 of 2011 (3) dt.26-07-2013
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From record it appears that the respondent had earlier filed CWJC No. 4592 of 2010, questioning the validity of the order dated 23.5.2009. It appears that earlier the said order was challenged in Civil Revision No. 1489 of 2009 which having been found not maintainable, in view of the Supreme Court Judgment reported in (2003) 6 SCC 659 ( Shiv Shakti Cooperative Housing Society, Nagpur Vs. Swaraj Developers and others) was permitted to be withdrawn by this Court by an order dated 3.2.2010. This Court vide order dated 3.3.2011 dismissed CWJC No. 4592 of 2010 as it did not find any reason to interfere with the impugned order. After order dated 3.3.2011 passed by this Court, the respondent appears to have filed an application before the Court below on 24.3.2011, seeking leave to deposit the arrears of rent and current rent and also to recall the order by which his defence was directed to be struck off.
The Court below taking into consideration the fact that the order for striking off the defence dated 27.12.2010 was passed during the pendency of CWJC No. 4592 of 2010 by this Court and that the respondent was ready to pay arrears of rent and current rent, allowed the application for recall of the order by which the defence was directed to be struck off, after imposing a cost of Rs. 500/-.
Patna High Court CWJC No.19235 of 2011 (3) dt.26-07-2013
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This Court in exercise of power under Article 227 of the Constitution of India does not find any reason to interfere with such order where the Court below is proceeding to adjudicate upon the merits of the case on the basis of the rival pleadings and evidence of the parties.
This application is, accordingly, dismissed. It is, however, observed that since the eviction suit is pending since 2008, the Court below shall make sincere efforts to dispose it of as early as possible, preferably within a period of six months from the date of production/communication of this order.
(Chakradhari Sharan Singh, J)
Arun Kumar/-
2 issues framed by the court
Whether the High Court under Article 227 should interfere with a subordinate court's order recalling an earlier order under Section 15(1) of the Bihar Buildings (Lease Rent, and Eviction) Control Act,
Whether the lower court possessed the power to recall its earlier orders allowing the respondent to pay arrears and recall the striking off of defence.
Colour shows how this judgement treated each authority
Shiv Shakti Cooperative Housing Society, Nagpur Vs. Swaraj Developers and othersReferred¶5
(2003) 6 SCC 659 ( Shiv Shakti Cooperative Housing Society, Nagpur Vs. Swaraj Developers and others) · Who else cites this
2 provisions across 2 enactments
Md.Ehteshamuddin
Sardar Amarjeet Singh
Chakradhari Sharan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
