This is a writ petition under Article 227 seeking expeditious disposal of a civil suit pending since 2019. The High Court directed the trial court to conclude plaintiff and defendant evidence within three months and decide the suit expediently.
Directions issued for expeditious disposal including fixed timelines for evidence recording and final hearing.
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. - 844 of 2023
Petitioner :- Mahipal Respondent :- Mantu Singh And 5 Others Counsel for Petitioner :- Neeraj Tomar,Arun Kumar Verma Counsel for Respondent :- C.S.C.,Kaushal Kishore Mani
Hon'ble Ajit Kumar,J.
Heard learned counsel for the petitioner and Sri Ravindra Prasad, learned Advocate holding brief of Sri Kaushal Kishore Mani, learned counsel for the contesting respondents and Sri R.S. Umrao, learned Standing Counsel for the State respondents.
By means of present petition filed under Article 227 of the Constitution, the petitioner, who is plaintiff in the suit being Original Suit No.- 192 of 2019, pending before the court of Civil Judge (S.D.)/ F.T.C. Court, Muzaffarnagar, is seeking expeditious disposal of the said suit.
Learned counsel for the petitioner submits that pleadings have been exchanged in the suit and issues have also been framed on 10th January, 2022 and the suit is continuing at the stage of plaintiffs' evidence only.
In view of above and considering the fact that the suit is of the year 2019, this Court thinks it proper to direct for its expeditious disposal. Accordingly, following directions are issued:
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 within the time prescribed by this Court;
B). 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
C). After conclusion and closure of evidence by both the parties to the suit, the trial court will proceed to conduct final hearing of the suit and decide the same as expeditiously, 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 suit 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
2 issues framed by the court
Whether a direction for expeditious disposal was necessary for a suit pending since 2019.
Whether the trial court should be directed to record evidence within a fixed timeframe.
Mahipal
Mantu Singh And 5 Others
Ajit Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
