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1987 DIGILAW 681 (ALL)

Sri Ram Bhagwan v. Ram Chander

1987-07-13

V.K.KHANNA

body1987
JUDGMENT V.K. Khanna, J. - This revision has been filed against an order for the Judge Small Causes Court, Deoria dismissing an application under Order 1 Rule 10 (2), C.P.C. for impleadment of the applicants in the pending suit. The suit has been filed on the basis that the plaintiffs are the landlords of the premises in dispute and it is not a title suit. As has been laid down by this Court the law is that in a suit filed for ejectment by the landlord complicated question of title will not be adjudicated and if at any stage the court comes to the conclusion that the controversy involved in the suit is regarding complicated question of fact regarding title the court shall relegated to the parties to original Court and such suit will then be not cognisable by the Judge Small Causes Court. 2. For the reasons stated above, in my opinion, it is not a fit case for interference under Section 25 of the Small Cause Courts Act as the view taken by the Court below cannot be said to be not in accordance with law. The revision is accordingly dismissed in limine. 3. A certified copy of this order shall be given to the learned Counsel for the applicants within 48 hours on payment of unusual charges.