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2025 DAILYLAW 147727 (ALL)

Dheeraj Kumar alias Jalj Srivastav v. State of U.P. THRU. PRIN. SECY. HOME AND ANR.

SCCR/10/2025 · 2025-07-01

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:36962 Court No. - 7 Case :- S.C.C. REVISION No. - 10 of 2025 Revisionist :- Dheeraj Kumar Alias Jalj Srivastav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home And Anr. Counsel for Revisionist :- Surya Prakash,Arsh Bugga Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the revisionist and perused the record. 2. The present revision has been filed by the revisionist challenging an order dated 01.05.2025, whereby amendment application filed by the revisionist (tenant) was dismissed. 3. While doing so, the J.S.C.C. Court has recorded that the written statement was filed in the year 2018 and the various dates were fixed for hearing, in which, the revisionist had taken adjournments and an amendment application was filed on 11.08.2023, proposing to amend the written statement. The amendment application is on record. In the said application, there is no averment that defects sought to be amended in the written statement were not in the knowledge of the revisionist at the time of filing of the written statement. Clearly, it was an attempt to linger on the proceedings, which are pending since the year 2017. 4. The counsel for the revisionist places reliance on the affidavit and the statement of the landlord to argue that the revisionist had made certain amounts but have not been adjusted. 5. The said stand cannot be accepted as admittedly the revisionist is a tenant without there being any agreement and thus in continuance in the premises is without any authority. 6. Considering the reasonings recorded in the impugned order, no interference is called for. The revision is dismissed with direction to the JSCC Court to decide the pending Suit no. 10 of 2017 positively within a period of four months from today and send a report to this Court through the Senior Registrar of this Court. It is made clear that no unnecessary adjournment shall be granted to either of the party. The Senior Registrar is directed to communicate this order to the JSCC Court for compliance. Order Date :- 1.7.2025 Arun Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench