Disposed

Shri Naresh Chandra v. Shri Om Prakash (Died) 7 Others

Allahabad HC25 Jan 2023A227/372/2023

Case brief

AI extract

What is this about?

This writ petition under Article 227 of the Constitution sought expediting a civil suit pending since 2015. The High Court directed the Civil Judge to record plaintiff and defendant evidence within three months each and decide the suit without unnecessary adjournments. It clarified that technical delays would not attract contempt.

What did the court decide?

Directions issued to the trial court to conclude evidence within three months for each party and decide the suit expeditiously without unnecessary adjournments.

Shri Naresh Chandra Vs Shri Om Prakash… — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 37

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Case :- MATTERS UNDER ARTICLE 227 No. - 372 of 2023

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Petitioner :- Shri Naresh Chandra Respondent :- Shri Om Prakash (Died) 7 Others Counsel for Petitioner :- Ajay Pratap Rao

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Hon'ble Ajit Kumar,J.

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Heard learned counsel for the petitioner.

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By means of present petition, filed under Article 227 of the Constitution, the petitioner who is plaintiff in the suit being O.S. No. 689 of 2015 pending before the Civil Judge (Senior Division), Agra, are seeking expeditious disposal of the said suit.

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Learned counsel for the petitioners submits that pleadings have been exchanged in the case and issues have also been framed on 18.9.2015 and the suit is continuing at the stage of plaintiffs' evidence only.

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In view of above and considering the fact that the suit is of the year 2015, this Court thinks it proper to direct for its expeditious disposal. Accordingly, following directions are issued:

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A). The trial court will proceed to record the evidence of the plaintiff and ensure that plaintiff concludes his evidence within a period of three months from the date of production of certified copy of this order and the defendants cooperate in recording of evidence of plaintiff with the time prescribed by this Court;

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B). After evidence of plaintiff is recorded and evidence comes to close, the Court will proceed to record the evidence of the defendant within the next three months' time and will ensure that plaintiff cooperate in conclusion of the evidence of the defendant within the time prescribed by this Court; and

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C). After conclusion and closure of evidence by both the parties to the suit, the trial court will proceed to hear the suit and decide the same expeditiously without granting unnecessary adjournments to either of the parties, however, in the order other suit proceedings expedited by this Court previously and are pending before it.

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It is clarified that in the event, this order could not be carried out within the time frame fixed, for any technical reason, then

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for such delay in disposal of the suit and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with any personal liability of contempt.

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Order Date :- 25.1.2023 Deepika

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Digitally signed by :- DEEPIKA SINGH High Court of Judicature at Allahabad

Shri Naresh Chandra v. Shri Om Prakash (Died) 7 Others

Case brief

What is this about?

What did the court decide?

Shri Naresh Chandra v. Shri Om Prakash (Died) 7 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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