Under Article 227, the High Court ordered the Civil Judge to frame issues within two months and expedite conclusion of evidence for a 2014 suit.
Direction to frame issues within two months and expedite conclusion of evidence within three months for parties.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 37
Case :- MATTERS UNDER ARTICLE 227 No. - 653 of 2023
Petitioner :- Shubhawati Devi And Another Respondent :- Pawan Kumar Singh And Another Counsel for Petitioner :- Rajesh Kumar Singh
Hon'ble Ajit Kumar,J.
Heard learned counsel for the plaintiffs/ petitioners.
By means of this petition filed under Article 227 of the Constitution, petitioners want expeditious disposal of suit being Case No. 1610 of 2014, Shubhawati Devi & Another vs. Pawan Kumar, pending in the court of Civil Judge (Junior Division), Gorakhpur.
Learned counsel for the petitioners submits that till date even issues have not been framed.
In view of above, since the suit is of the year 2014, this petition stands disposed of with a direction to the trial court to frame issues in the suit within a period of two months from the date of production of certified copy of this order and thereafter to ensure that the plaintiffs conclude their evidence within a further period of three months and defendants in the suit do cooperate in conclusion of evidence of the plaintiffs. After the plaintiffs' evidence is concluded, the defendants shall be granted three months' further time to conclude evidence and the plaintiffs shall also cooperate in conclusion of their evidence within the time stipulated herein above. After the conclusion of evidence of both the parties to the suit the trial court will proceed to to decide the matter as expeditiously as possible in the order of other pending suits already expedited by this Court.
It is further provided that the procedure prescribed for conducting such proceedings, shall be religiously complied with and priority shall be fixed in the order in which such other pending proceedings, if any, expedited by this Court in the past and to that extent the directions issued herein above are to be taken as only directory in nature.
It is clarified that in the event, this order could not be carried out within the time frame fixed for any technical reason, then for such delay in disposal of the aforesaid case, and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with personal liability of contempt but the Court shall have to record reasons to be
justified enough for granting adjournments and/ or deferring hearing of the matter by fixing dates.
Order Date :- 20.1.2023 IrfanUddin
Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court needs direction to frame issues and expedite evidence in a pending civil suit filed under Article 227.
Shubhawati Devi
Pawan Kumar Singh
Ajit Kumar
Irfan Uddin Siddiki
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
