DR.JAGDISH SINGH v. ADDITIONAL DISTRICT JUDGE/SPECIAL JUDGE E.C.ACT AND 7 ORS
A227/755/2005 · 2025-07-17
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 115880 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 115880 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:40987 Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 755 of 2005 Petitioner :- Dr.Jagdish Singh Respondent :- Additional District Judge/Special Judge E.C.Act And 7 Ors Counsel for Petitioner :- Vishnu Srivastava,Brijesh Kumar Singh,Surendra Pratap Singh Counsel for Respondent :- C.S.C.,Afzal Hasan,M.Naseerullah,Manoj Kumar Singh,N.A.Siddiqui,R.A.Khan,Rakesh Kr. Tripathi Hon'ble Pankaj Bhatia,J.
Order on I.A. No.26 of 2025:
1. The application seeks recall of the order dated 05.04.2025.
2. Cause shown is sufficient.
3. Order dated 05.04.2025 is recalled.
4. The application is accordingly allowed.
5. Petition is being heard afresh.
Order on Writ Petition:
6. Contention of learned counsel for the petitioner is that the opposite parties had filed a suit in which certain factually incorrect averments were made with regard to the title of the petitioner over the property in question.
7. A copy of the plaint was shown across the Bar in which, the essential relief claimed by the plaintiff was that the respondent should not interfere in the conduct of his business and should not evict them except in accordance with law.
8. No relief with regard to title or otherwise was sought by the plaintiff; the petitioner was not arrayed as defendant to the suit.
9. Considering the nature of the prayer, no reliefs were sought against the petitioner and thus, the petitioner was neither a necessary nor a proper party.
10. In view thereof, no interference is called for.
11. It is clarified that the petitioner would be entitled to take such steps as may be available under law to protect his title and averments made by the plaintiff in the suit in question will never come in way of deciding whatever the rights are claimed
by the present petition.
12. Present petition is dismissed with the observation as made herein above.
Order Date :- 17.7.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench