Mohammad Usman v. Dilip Singh & Anr.

On the other hand Sri Sumit Daga, learned counsel for the opposite parties placed before this Court an order dated 24.12.2024 passed by the District Judge, Meerut in Case No.12970 of 2024 filed by the applicant under Section 24 of the C.P.C. It is argued that the case filed by the applicant under section 24 of the C.P.C. was rejected by the District Magistrate on 24.12.2024 but this fact has been concealed by the applicant while filing present application. It is further argued that against the order dated 24.12.2024 passed by the District Magistrate, Meerut, the remedy lies with the applicant to file a revision as per Section 115 of the C.P.C. and as per paragraph 43 of the judgement dated 10.11.2022 passed in the case of Babu Singh and others Vs. Raj Bahadur Singh and others reported in 2022(12) ADJ 178 (DB) (LB).

In so far as first objection is concerned, it is argued by counsel for the applicant that the order dated 24.12.2024 was passed after filing of the present application and the applicant has no intention to conceal any fact before this Court.

In so far as second argument raised by Sri Sumit Daga, learned counsel for the opposite parties is concerned, a prayer has been made by counsel for the applicant to dismiss present transfer application with liberty to challenge the aforesaid order namely order dated 24.12.2024 by filing a revision under Section 115 C.P.C. or petition under Article 227 of the Constitution of India.

It is made clear that in case petitioner will file a revision or any petition under Article 227 of the Constitution of India before any competent Court, he will serve copy of the revision/petition upon Sri Sumit Daga, learned counsel appearing on behalf of opposite parties. Order Date :- 13.2.2025 Pramod Tripathi PRAMOD TRIPATHI PRAMOD TRIPATHI High Court of Judicature at Allahabad High Court of Judicature at Allahabad