Petitioner sought direction under Article 227 for expedited disposal of an application under Order 9 Rule 13 CPC where an expert report was missing. Court directed trial court to call report and decide within two months.
Direction to trial court to call for expert report and decide Misc. Case No.09 of 2015 within two months.
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Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 340 of 2019
Petitioner :- Om Prakash Respondent :- Additional Civil Judge And 4 Others Counsel for Petitioner :- Himanshu Pandey
Hon'ble Mrs. Sunita Agarwal,J.
Supplementary affidavit filed today, is taken on record.
The prayer made in the present petition is to issue a direction to the trial court to decide the application under Order 9 Rule 13 of Misc. Case No.09 of 2015, within stipulated period.
The order-sheet records that on the presentation of the said application, expert report has been obtained while allowing 34G vide order dated 05.08.2017. From the supplementary affidavit filed today, it is demonstrated by the learned counsel for the petitioner that the expert report has not yet been received by the trial court.
Having noticed the said facts, this petition is being disposed with the direction to the trial court to call for the expert report at the earliest and decide the Misc. Case No.09 of 2015, as expeditiously as possible, preferably within a period of two months from the date of submission of the certified copy of this order, without granting any unnecessary adjournment to any of the parties.
It goes without saying that due opportunity to the opposite party to rebut the assertion made in the application under Order 9 Rule 13 CPC of Misc. Case No.09 of 2015 shall be provided by the trial court.
The present petition is disposed of, accordingly.
Order Date :- 11.2.2019 Radhika
1 issue framed by the court
Whether the trial court must decide the application under Order 9 Rule 13 CPC expeditiously provided expert report is pending.
2 provisions across 2 enactments
Om Prakash
Additional Civil Judge
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
