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2016 DIGILAW 2636 (ALL)

Bankey Bihari v. Additional District Judge Court-II And 2

2016-08-01

RAJESH DAYAL KHARE

body2016
JUDGMENT : 1. Heard Sri Pramod Kumar Jain, learned Senior Counsel assisted by Sri Amit Gupta, learned counsel for the petitioner. 2. The present writ petition has been filed for setting aside the order dated 23.07.2016 passed by learned Additional District Judge, Court No. 2, District Muzaffar Nagar whereby revision filed by the respondent nos. 2 has been allowed. 3. Learned counsel for the petitioner submitted that the petitioner filed a suit for cancellation of the sale deed before the trial Court in which the private respondents filed paper no. 65A along with list of documents on a plain piece of paper which paper was not even stamped or registered, in which it has been stated that the petitioner has relinquished his share against which the petitioner filed an objection stating therein that paper no. 65A is not an admissible documents, as it has not been properly stamped or registered and the learned trial Court allowed the objection filed by the petitioner vide order dated 12.10.2015. Learned counsel further contends that against the order of trial Court, the private respondent no.2 preferred revision no. 97 of 2015 which has been allowed. It is further submitted that the order passed by revisional Court is in teeth of well settled principle of law as laid down by Hon'ble Apex Court as documents cannot be filed on plain piece of paper which is not even stamped or registered. 4. After hearing the learned counsel for the petitioner and after perusing the order impugned as well as averments made in the present petition, this Court is of the opinion that the matter requires re-consideration. 5. Accordingly, the order dated 23.07.2016 passed by learned Additional District Judge, Court No.2, District Muzaffar Nagar in Revision No. 97 of 2015 is set aside and the matter is remitted to learned revisional Court to re-consider and decide the matter afresh preferably within a period of four months from the date of production of a certified copy of the order before it. 6. Learned counsel for the petitioner undertakes that the petitioner shall a certified copy of the order passed by this Court along with an appropriate application before the concerned Court below within a period of 15 days from today. 7. With the aforesaid directions, this writ petition stands disposed off.