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Judgment
Alok Kumar Verma, J
The proposed Revision has been filed against the order dated 22.07.2024, passed by learned Judge, Small Cause Court/ District Judge, Pauri in SCC Suit No.05 of 2023, “Smt. Meeru Phul vs. Virendra Singh Negi”, by which, the learned Judge has dismissed the Application, filed by the proposed revisionist – defendant under Order VII Rule 11 of the Code of Civil Procedure, 1908.
Heard Mr. Kurban Ali, learned counsel for the proposed revisionist.
Mr. Kurban Ali, Advocate submits that the revisionist – defendant had taken two grounds in his Application. The first ground was that the Judge, Small Cause Court/ District Judge, Pauri has no inherent jurisdiction to hear the said suit and the plaint does not disclose any cause of action.
Mr. Kurban Ali, Advocate has conceded that the judgment of the Hon’ble High Court of Judicature at Allahabad in Amit Gupta vs. Gulab Chandra Kanodia, (2023)(2) ARC 390 is against the revisionist. Therefore, the revisionist does not want to press the first ground.
From the perusal of the copy of the plaint it becomes clear that the plaintiff has disclosed the cause of action in paragraph no.14 of the plaint.
Mr. Kurban Ali, Advocate has failed to show that the trial court has exercised a jurisdiction not vested in it by law, or has failed to exercise a jurisdiction so vested, or has acted in exercise of its jurisdiction illegally or with material irregularity.
Therefore, there is no good ground to entertain the proposed Revision. The Revision is liable to be dismissed; the same is dismissed at the admission stage.