Ram Jiyawan v. Bhagwan Das and Another
Case brief
What is this about?
This habeas quirements matter involves a petitioner seeking expeditious disposal of a civil suit for permanent injunctive relief. The High Court directed strict timelines for filing written statements, framing issues, and evidence, while clarifying that technical delays would not incur personal contempt liability against the Presiding Judge.
What did the court decide?
The petitioner sought expeditious disposal of Original Suit No.- 2909 of 2014.
What the court decided
Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 157 of 2023
Petitioner :- Ram Jiyawan Respondent :- Bhagwan Das And Another Counsel for Petitioner :- Shriman Narayan Tiwari,Gulab Chandra Dubey
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and perused the record.
By means of this petition filed under Article 227 of the Constitution, the petitioner wants expeditious disposal of Original Suit No.- 2909 of 2014 pending before the court of Additional Civil Judge (Junior Division), Court No.- 15, Allahabad.
Learned counsel for the petitioner submits that the petitioner is the plaintiff No.-2 in the suit which has been filed for a decree of permanent prohibitory injunction. It is submitted that defendants have appeared in the suit in the year 2014 itself but have not filed written statement till date. It is also submitted that the issues have yet not been framed in the suit.
In the circumstances, this petition stands disposed of with following directions:
(a). The court shall ensure that defendants-respondents file their written statement in the suit within a maximum period of 90 days from the date of production of certified copy of this order;
Issues for consideration
3 issues framed by the court
Whether the High Court should direct expeditious disposal of the pending suit to ensure strict timelines for filing written statement, framing issues, and conclusion of evidence.
Whether the Presiding Judge of the trial court shall be held personally liable for any delay in complying with the time frame prescribed by the High Court.
If for unavoidable technical reasons the order is not complied with, shall the suit proceedings not dispose within time?
Parties & counsel
- petitioner
Ram Jiyawan
- respondent
Bhagwan Das
Coram
Ajit Kumar
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- A227/157/2023
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