Saurabh Goyal vs Updesh Rathore

Sujoy Paul, J.—Heard. This petition filed under Article 227 of the Constitution is directed against the judgment and decree dated 21.12.2012 passed by the court below in Civil Suit No. 17A/2012. In relief clause 7(1), the petitioner has prayed for a direction for taking action against the persons responsible. In addition, he prayed for setting aside the judgment and decree.

In the opinion of this Court, against the judgment and decree the petitioner has a remedy to file an appeal under the provisions of Code of Civil Procedure. Thus, I am not inclined to entertain the relief 7(2) in this petition and deem it proper to permit the petitioner to file appropriate proceedings for the same. This petition is entertained only for relief 7(1).

This matter was earlier listed before this Court on 21.3.2013. The petitioner relied on U.P. Judicial Officers Association v. Union of India, (1994) 4 SCC 687 . In the light of the said judgment, Registry was directed to place the matter before Hon''ble the Chief Justice. Consequently, the matter was placed before Hon''ble. The Acting Chief Justice and orders were obtained. It is opined that in the facts of the case, no criminal action is required to be taken in the matter. In turn, matter is again posted for admission before this Court.

The grievance of the petitioner is that Fifth Additional Civil Judge Class-2, Gwalior and other employees of his court have acted in an improper manner. A Civil Suit No. 17A/2012 was pending in the Court of Fifth Additional Civil Judge Class-2, Gwalior. The petitioner filed an application under Order 13 Rule 3(6)(viii), CPC, which was decided by the said court by order dated 9.11.2012. The petitioner feeling aggrieved by this order filed Misc. Appeal No. 22/2012 before the Court of Fifth Additional District Judge, Gwalior. In addition, he preferred an application for staying the proceedings of the suit in the trial court. The appellate court admitted the appeal and called for the record of the lower court. No interim order was passed by the appellate court. The stay application of the petitioner was pending with the appellate court and the civil suit was disposed of by judgment and decree dated 21.12.2012 by Fifth Additional Civil Judge Class-2, Gwalior.

It is contended by the petitioner that when his appeal and stay application was pending, the Fifth Additional Civil Judge Class-2, Gwalior has erred in passing the judgment and decree thereby caused injury to him.

I have heard the petitioner and length and perused the record.

There is no material on record to show that the appellate court had passed any interim order staying the proceedings of the suit pending in the trial court. It is also not established that notice for sending the record to the appellate court is served upon the employees of the trial court. In the aforesaid backdrop, if the trial court continued with the proceedings and delivered the judgment, no fault can be found in the said action.

On the basis of aforesaid analysis, in my opinion, there is no occasion for this Court to interfere and pass the orders against the judicial officer and the employees of the court below. There is no material on record to show that either the trial court or the employees of the said court in any manner have caused any damage to the petitioner intentionally. No flaw can be found in the action of the judicial officer and the employees of the court below.

So far the merits of the judgment and decree are concerned, this petition is not maintainable. For that aspect the petitioner can avail the remedy available to him under the Code of Civil Procedure. Petition is accordingly dismissed by reserving the aforesaid liberty to the petitioner.