Petitioner sought directions to decide a restitution application under Order 9 Rule 13 CPC expeditiously. The High Court directed the lower court to conclude the matter within four months.
Directed the court below to decide the application under Order 9 Rule 13 CPC expeditiously within four months.
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Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 135 of 2019
Petitioner :- Zainul Abdeen
Respondent :- Judge Small Causes Court, Kanpur Nagar And 5 Others Counsel for Petitioner :- Manish Tandon
Hon'ble Manoj Kumar Gupta,J.
The only prayer made in the instant petition is for issuing direction to the court below to decide Misc. Case No.119/74 of 2012 under Order 9 Rule 13 CPC arising out of exparte decree passed in SCC Suit No.162 of 2008 within a specified time.
The case of the petitioner-landlrod is that on account of pendency of restoration application since the year 2012 he is unable to execute the decree. It is submitted that till date the court below has not even decided the issue regarding compliance of Section 17 of Provincial Small Causes Courts Act, although several dates have been fixed in the matter.
Having regard to the facts of the case and the submissions made, the instant petition is disposed of by directing the court below to make all endeavor to decide the application under Order 9 Rule 13 CPC being Misc. Case No.119/74 of 2012 expeditiously without granting unnecessary adjournments, preferably within a period of four months from the date of production of certified copy of the order.
(Manoj Kumar Gupta, J.)
Order Date :- 10.1.2019
skv
Zainul Abdeen
Judge Small Causes Court, Kanpur Nagar
Manoj Kumar Gupta
As recorded by the court registry
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