Hon’ble Allahabad High Court while dealing with the petition here on 25-03-2019 in the case of “Smt. Usha Devi v. District And Session Judge And 2 Others” stated that no revision should be decided only after hearing of learned counsel for opposite party.

BRIEF FACTS OF THE CASE

This petition was been filed to stay the effect and operation of the impugned orders dated 1.12.2018 and 16.3.2017 passed by District and Sessions Judge, Fatehpur and A.C.J.M., Court No. 10, Fatehpur respectively.

It was submitted that the revision was dismissed on 1.12.2018 only after hearing of opposite party as counsel for the revisionist could not appear before the court. Petitioner was present on each and every date before the court, but only her counsel has not appeared, therefore, without hearing her, case was Ex-parte decided.

DECISION OF THE COURT

Hon’ble court held that it is not in dispute that learned counsel for the revisionist was not present and revision was decided only after hearing of learned counsel for opposite party, therefore, orders dated 1.12.2018 and 16.3.2017 passed by District and Sessions Judge, Fatehpur and A.C.J.M., Court No. 10, Fatehpur are hereby quashed and the petition is allowed.

Read the full Judgement Here-

http://elegalix.allahabadhighcourt.in/elegalix/WebDownloadJudgmentDocument.do?judgmentID=7106617