In an Article 227 petition seeking expeditious disposal of a suit pending for several years, the Court directed the trial court to frame issues within 60 days and outlined a strict timeline for recording evidence and final hearing.
Directions issued to the trial court to frame issues within 60 days and complete trial within specified timelines.
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. - 833 of 2023
Petitioner :- Nirmala Devi Respondent :- Chamela Devi And Another Counsel for Petitioner :- Sufiya Bano,Mohd Akhtar
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, who is defendant No.-2 in the case being Case No.- 566 of 2013 for cancellation of sale deed, pending before the court of Civil Judge (Junior Division) Bhadohi at Gyanpur, is seeking expeditious disposal of the said case.
Learned counsel for the petitioner submits that written statement has already been filed in the case but the issues have not been framed till date.
In view of above and considering the fact that the case is of the year 2013, this Court thinks it proper to direct for its expeditious disposal. Accordingly, following directions are issued:
(a). The court shall proceed to frame issues in the suit within a period of 60 days from the date of production of certified copy of this order;
(b). Thereafter, the trial court will proceed to record the evidence of the plaintiff and ensure that plaintiff concludes his evidence within next three months' time and the defendants cooperate in recording of evidence of plaintiff within the time prescribed by this Court;
(c). After evidence of plaintiff is recorded and evidence comes to close, the Court will proceed to record the evidence of the defendants within the next three months' time and will ensure that plaintiff cooperates in conclusion of the evidence of the defendants within the time prescribed by this Court; and
(d). After conclusion and closure of evidence by both the parties to the case, the trial court will proceed to conduct the final hearing of the case and decide the same within further period of 10 months, however in the order of other expedited suits, if pending before it.
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 case and pendency thereof itself shall ordinarily not be a ground sufficient enough to fasten the authority concerned with any personal liability of contempt.
Order Date :- 27.1.2023 Atmesh
Digitally signed by :- ATMESH KESARI High Court of Judicature at Allahabad
1 issue framed by the court
Whether the trial court shall direct for expeditious disposal of a suit pending since 2013 where issues were not framed.
1 provisions across 1 enactments
Nirmala Devi
Chamela Devi
Another
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
