Disposed

Amar Chandra @ Bau v. Urmila Devi and Another

Allahabad HC23 Jan 2023A227/508/2023

Case brief

AI extract

What is this about?

In a writ matter under Article 227, the Allahabad High Court directed the trial court to expedite the disposal of a suit for cancellation of a will by enforcing specific time limits for filing written statement, framing issues, and concluding evidence.

What did the court decide?

Directed trial court to frame issues within 60 days and conclude evidence within six months total.

Amar Chandra @ Bau Vs Urmila Devi and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 37

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Case :- MATTERS UNDER ARTICLE 227 No. - 508 of 2023

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Petitioner :- Amar Chandra @ Bau Respondent :- Urmila Devi And Another Counsel for Petitioner :- Abhishek Singh,Adarsh Kumar Pandey

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Hon'ble Ajit Kumar,J.

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Heard Sri Abhishek Singh, learned counsel for the petitioner and perused the record.

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By means of this petition filed under Article 227 of the Constitution, petitioner, who is plaintiff, wants expeditious disposal of Original Suit No. 1073 of 2017 pending before Additional Civil Jude (J.D.), Jaunpur since 18.9.2017 for cancellation of will deed.

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Learned counsel for the petitioner submits that though the defendants have already put in appearance but has not filed written statement till date.

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In the circumstances, the present petition stands disposed of with following directions:-

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(a) The trial court shall ensure that the defendants shall file their written statement within maximum period of 90 days from the date of production of certified copy of this order;

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(b) Since the parties have already exchanged the pleadings in the suit, if issues have not been framed, the trial court shall frame the issues within maximum period of 60 days from the date of presentation of certified copy of this order;

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(c) Soon after framing of the issues, the trial court shall proceed with the evidence of plaintiff and shall ensure that the plaintiff concludes his evidence within next three months and the defendant will co-operate in conclusion of plaintiff's evidence within the time frame so provided;

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(d) Soon after the evidence of plaintiff is concluded, the defendants shall also conclude their evidence within further period of three months and the plaintiff shall co-operate in conclusion of defendants' evidence within the period so prescribed;

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(d) After conclusion of the evidence of respective parties, the

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trial court concerned will proceed to decide the matter in accordance with law 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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However, if for any technical reason and unavoidable circumstances the aforesaid order is not complied with in a sense that the suit does not get disposed of within time framed by this Court, such delay will not by itself hold the Presiding Judge personally liable for any contempt of this Court.

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Order Date :- 23.1.2023 Deepika

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

Amar Chandra @ Bau v. Urmila Devi and Another

Case brief

What is this about?

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Amar Chandra @ Bau v. Urmila Devi and Another

Case brief

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What did the court decide?

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