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1987 DIGILAW 698 (ALL)

Jeet Narain v. Prescribed Authority (Civil Judge), Jaunpur

1987-07-17

ANSHUMAN SINGH

body1987
JUDGMENT Anshuman Singh, J. - This writ petition has been filed against an order dated 16-5-1987 refusing to admit the evidence filed by the petitioner in a proceedings under Section 21 of the U.P. Act 13 of 1972. The order passed by the Prescribed Authority is purely interlocutory in nature. In case the application under Section 21 of the U.P. Act 13 of 1972 is finally allowed, the petitioner will have a statutory right of appeal under Section 22 of the Act. It will be open to the petitioner to challenge before the Appellate Authority that the evidence adduced by the petitioner was not admitted by the Prescribed Authority and in case the opposite authority is satisfied that the evidence of the petitioner was wrongly not admitted, the Appellate Court would have ample jurisdiction to remand back the case to the Prescribed Authority. In view of the said fact, I am not inclined to interfere under Article 226 of the Constitution of India. The writ petition is accordingly disposed of. 2. Let a copy of this order be issued to the learned Counsellor the petitioner on payment of usual charge within 48 hours.