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Shiv Shankar vs Mahavir @ Ghura Turha And 5 Others on 16 March, 2026

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Heard Sri Ayub Khan, holding brief of Sri Parvez Iqbal Ansari, learned counsel for the petitioner.

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2. The present petition has been filed seeking to assail the order dated 01.11.2025 passed by the learned Additional District & Sessions Judge-1, Ballia in Civil Revision No. Nil of 2025 (Shiv Shankar vs. Mahavir & Others), as well as the order dated 11.09.2025 passed by the learned Civil Judge (Senior Division), Ballia, in S.C.C. Case No. 139 of 2021 (Mahavir and others vs. Gulab Chand and others).

3. The controversy arises in the backdrop of Application No. 43 Ga-2 moved by the petitioner, who is defendant no. 3 in the suit. By means of the said application, it was contended that the suit, being one for arrears of rent and eviction, was cognizable by a Court of Small Causes and, therefore, having been instituted as a regular civil suit, the plaint was liable to be returned under Order VII Rule 10 C.P.C. for presentation before the competent court.



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