Dismissed

Sharda Singh v. Vijay Kumar Rastogi

Allahabad HC4 Jan 2022A227/7364/2021

Case brief

AI extract

What is this about?

In a writ petition under Article 227, the High Court directed the lower Civil Court to dispose of a summary application under Order 37 CPC expeditiously, which was incorrectly deferred to facilitate the defendant's written statement.

What did the court decide?

Writ petition disposed of after direction to the court below to expeditiously decide the pending application under Order 37 Rule 2(3) CPC.

Sharda Singh Vs Vijay Kumar Rastogi — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 10

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Case :- MATTERS UNDER ARTICLE 227 No. - 7364 of 2021

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Petitioner :- Sharda Singh Respondent :- Vijay Kumar Rastogi Counsel for Petitioner :- Shubham Dwivedi,Rajesh Kumar Singh

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Hon'ble Rohit Ranjan Agarwal,J.

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Heard Sri Rajesh Kumar Singh, learned counsel for the petitioner.

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It is contended that the plaintiff-petitioner filed suit under Order 37 C.P.C. for recovery of about Rs.69 lakhs before the Civil Judge (Senior Division) Varanasi. As the defendant did not put in appearance after service of notice within 10 days, the petitioner filed an application under Order 37 Rule 2(3) C.P.C. for decreeing the same against the defendant. As the said application was not being decided, a writ petition under Article 227 No. 1683 of 2021 was filed before this Court and on 19.3.2021 while disposing of the writ petition this Court directed the Court below to pass appropriate order on the application expeditiously. The Court below, on 30.07.2021, on the application 14-Ga filed by the plaintiff-petitioner fixed 16.8.2021 without deciding the same.

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According to the petitioner, the Court below on 30.10.2021 had proceeded to take on record the written statement filed by the defendant as well as the application under Order 7 Rule 11 C.P.C. filed by the defendant and fixed 08.11.2021 without deciding the application 14-Ga filed by the plaintiff and failed to comply the order passed by this Court.

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Having heard counsel for the petitioner and perusing the material on record, this Court finds that the Court below was required to dispose of application 14Ga filed under Order 37 Rule 2(3) C.P.C., expeditiously, as directed by this Court vide

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order dated 19.03.2021, but, the Court below had proceeded to defer the said application and take on record written statement as well as application filed under Order 7 Rule 11 C.P.C. filed by the defendant.

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In view of the said fact, the Court below is directed to expeditiously decide the application 14Ga complying the earlier order dated 19.3.2021 passed by this Court before proceeding further in the matter.

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With the aforesaid direction, writ petition stands disposed of. Order Date :- 4.1.2022 Kushal

Sharda Singh v. Vijay Kumar Rastogi

Case brief

What is this about?

What did the court decide?

Sharda Singh v. Vijay Kumar Rastogi

Case brief

What is this about?

What did the court decide?

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