Disposed

Anand Kumar Verma v. Km.Anita Devi

Allahabad HC28 Jan 2022A227/7739/2021

Case brief

AI extract

What is this about?

This judgment, impressed under Article 227, criticizes the delay in hearing a civil suit by the lower court and directs expedited weekly hearings within three months. It orders the civil judge to complete the trial regardless of local bar associations' resolutions against appearing in judicial work for postings.

What did the court decide?

Directed the Civil Judge, Allahabad to hear the suit every week within three months, deciding it irrespective of any Bar Association resolution restricting counsel's participation in judicial work for

Anand Kumar Verma Vs Km.Anita Devi — Civil Procedure and Limitation | Allahabad HC (2022)

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Court No. - 70

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Case :- MATTERS UNDER ARTICLE 227 No. - 7739 of 2021

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Petitioner :- Anand Kumar Verma Respondent :- Km.Anita Devi Counsel for Petitioner :- Pawan Shukla

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Hon'ble J.J. Munir,J.

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Heard Mr. Pawan Shukla, learned Counsel for the petitioner and Mr. Sudhir Mehrotra, learned Special Counsel appearing on behalf of the High Court.

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In compliance with the order dated 20.01.2022 passed by this Court, the learned Civil Judge (Senior Division), Allahabad submitted a further report also dated 20.01.2022, the material part whereof reads:

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उक्त ससंदरर मम वविनम्र वनविवेदन हहै वकि ममानननीय उच्च न्यमायमालय किवे पत - ससं.2427/LXXXVII CPC/e-Courts/Allahabad/Dt. January 16, 2022 मम पमाररित आदवेश किवे अननुक्रम मम शनीममानन् जनपद न्यमायमाधनीश किवे प्रशमासवनकि आदवेश ससं. 30 वद. 16.01.2022 किवे दमारिमा 50 प्रवतशत न्यमावयकि अधधकिमाररिययों किको हनी किमायर किरिनवे हवेतनु उपससस्थित हकोनमा हहै एविसं न्यमायमालय पररिसरि मम वविदमान अधधविक्तमागण किको छकोडकिरि पक्षकिमारियों किकी उपससस्थिवत नहहीं हकोननी हहै। उक्त आदवेश किवे अननुसमारि न्यमायमालय धसवविल जज, विररिष्ठ शवेणनी, दमारिमा प्रत्यवेकि सपमाह किवे मसंगलविमारि,बबृहसपवतविमारि एविसं शवनविमारि किको न्यमावयकि किमायर सम्पमावदत वकियमा जमानमा हहै। वद. 19.01.2022 वदन बनुद्धविमारि किको न्यमायमालय धसवविल जज विररिष्ठ शवेणनी, दमारिमा न्यमावयकि किमायर सम्पमावदत नहहीं वकियमा जमानमा स्थिमा, धजस किमारिण, . प्रसतनुतकिमारि दमारिमा पतमाविलनी मम समाममान्य वतधस्थि एकि पक्षनीय बहस हवेतनु वद 04.03.2022 वनयत किकी गयनी हहै।

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It is not very appreciable that once this Court has called for a report asking the learned Civil Judge why proceedings of the case are lingering on, he should have fixed a general date, rather, flung off as far as 4th March, 2022. Of course, it is feature to his rescue that date was fixed by some Link Officer because on the said date,

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learned Civil Judge concerned was not sitting as per the roster fixed under the administrative orders of this Court. This fact has figured in the report dated 20.01.2022.

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Be that as it may, the course of judicial business cannot be deflected. The matter shall be classified as an 'urgent matter' and dealt with as such.

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Looking to the nature of the order that this Court proposes to pass, issue of notice to the private respondent is dispensed with. However, in case the said respondent feels aggrieved, it will be open to him to make an application in the decided petition.

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In the circumstances, it is directed that on 4th March, 2022 and thereafter P.A. Case No. 5 of 2019 Anand Kumar Verma vs. Anita Devi shall be heard by the learned Civil Judge (Senior Judge), Allahabad in the manner that one date shall be fixed every week, when effective hearing shall be done. Learned counsel appearing in this case shall assist the Court irrespective of any resolution of the local Bar Association of which they are Members asking them to abstain from judicial work for any purpose whatsoever. If for some reason, on a particular date, the case has to be adjourned, it shall be taken up on the day following.

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The learned Civil Judge(Senior Division), Allahabad shall proceed to decide the case after hearing all parties, in accordance with law, within a period of three months commencing 04.03.2022. It is further made clear that if on the dates when the case comes up before the Court, there are continuing difficulties on account of the COVID-19 protocol, the case shall be heard in one or the other manner

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permissible under the circulars of this Court and ways and means devised by the learned District Judge, Allahabad.

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Let a copy of this order be communicated to the learned Civil Judge (Senior Division), Allahabad through the learned District Judge, Allahabad and the learned District Judge, Allahabad by the Registrar (Compliance) within 24 hours.

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Order Date :- 28.1.2022 Deepak

Anand Kumar Verma v. Km.Anita Devi

Case brief

What is this about?

What did the court decide?

Anand Kumar Verma v. Km.Anita Devi

Case brief

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