Sanjay Prashar and Others vs Subhash Chander and Others

Piar Singh Rana, J.�Appeal filed under Order 43 Rule 1(i) of the CPC against the order dated 2.4.2014 passed in CMA No. 56 of 2014, Civil Appeal No. 42-D/XII/2013 pending before the learned District Judge, Kangra at Dharmshala. Heard. Court has perused the order dated 2.4.2014 passed by the learned First Appellate Court. It is proved on record that Civil Appeal No. 42-D/XII/2013 was relating to Civil Suit and it is also proved on record that learned First Appellate Court has passed the order in the capacity of Sessions Judge, Kangra at Dharmshala. It is well settled law that Sessions Judge cannot pass any order in civil proceedings. Court is of the opinion that learned First Appellate Court should have passed the order in the capacity of District Judge Kangra at Dharmshala. In view of the above stated facts order dated 2.4.2014 passed in application filed under Order 22 Rule 10 read with Order 1 Rule 10 and Section 151 CPC is set aside in the ends of justice and learned District Judge Kangra at Dharmshala is directed to dispose of the application filed under Order 22 Rule 10 read with Order 1 Rule 10 and Section 151 CPC afresh strictly in accordance with law after hearing both the parties. My observations in the order will not affect the merits of the case as well as application in any manner. Appeal is disposed of. Record of learned trial Court as well as learned First Appellate Court be transferred forthwith along with certified copy of this order. Parties are directed to appear before the learned District Judge Kangra at Dharmshala on 19.12.2014. Pending application(s), if any also stands disposed of.