This writ petition under Article 226 of the Constitution sought a direction to the Civil Judge to decide a pending amendment application expeditiously. The court directed the lower court to dispose of the application within three months.
Direction to decide the pending amendment application within three months.
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. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 4382 of 2020
Petitioner :- Bhagwan Pandey And Another Respondent :- Civil Judge And Another Counsel for Petitioner :- Pooja Agarwal
Hon'ble Rajiv Joshi,J.
Heard Ms. Pooja Agarwal, learned counsel for the petitioners.
Present writ petition under Article 227 of the Constitution has been filed for issuance of writ of mandamus directing the court below i.e. Civil Judge (J.D.), West, Allahabad to decide the petitioners' application Paper No. 21A pending in Original Suit No. 300 of 2018 within stipulated period.
It is submitted by learned counsel for the petitioners that the application was filed on 10th September, 2020 in which formal amendment was sought to add State of U.P. as one of the defendants. It is next submitted by learned counsel for the petitioners that the said application is pending since then.
No useful purpose would be served by keeping this writ petition pending or calling the counter affidavit.
Under these circumstances, Civil Judge (J.D.), West, Allahabad to decide the petitioners' application Paper No. 21A pending in Original Suit No. 300 of 2018, in accordance with law, as expeditiously as possible, preferably within a period of three months from the date of production of computerized copy of this order.
With the aforesaid observations/ directions, the present writ petition is finally disposed of.
Order Date :- 8.1.2021 Noman
1 issue framed by the court
Whether a direction should be issued to the lower court to expedite the disposal of a pending amendment application?
Bhagwan Pandey And Another
Civil Judge And Another
Rajiv Joshi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
