This is a writ petition under Article 227 seeking a direction for the expeditious decision of a pending civil suit. The court directed the trial court to decide the suit within one year.
Direction to the trial court to decide the suit within one year from the date of presentation of a certified copy of this order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9733 of 2018
Petitioner :- Ram Lakhan Respondent :- Ram Dular And 4 Others Counsel for Petitioner :- Ajendra Kumar
Hon'ble Mrs. Sunita Agarwal,J.
Supplementary affidavit filed today is taken on record.
The prayer in the present petition is to issue a direction to the trial court to decide the Original Suit No.1177 of 1994 (Ram Lakhan v. Ram Dular & Ors.) within stipulated period.
Perused the order sheet. A perusal thereof indicates that the suit could not be proceeded at the required pace initially for nonappearance of the defendants and for the fact that some of the defendants died during the pendency of the suit. Even issues have not been framed and the suit has not proceeded for evidence.
Be that as it may, having noticed the facts, without expressing any opinion as to the merits of the claim of the petitioner, the present petition is being disposed of with the direction to the Additional Civil Judge, (Junior Division), Jaunpur to proceed with the Original Suit No.1177 of 1994 (Ram Lakhan v. Ram Dular & Ors.), as expeditiously as possible, without granting any unnecessary adjournment to any of the parties. All endeavour shall be made to decide the suit preferably within a period of one year from the date of presentation of certified copy of this order.
Order Date :- 14.2.2019
Jyotsana
2 issues framed by the court
Whether the trial court should be directed to decide the suit within a stipulated period.
Whether any direction under Article 227 regarding procedural delay is appropriate in the present facts.
Ram Lakhan
Ram Dular
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
