Writ petition pending since 1981 was dismissed for non-prosecution as petitioner and counsel lost interest. Interim order vacated based on legal maxims regarding vigilance and ending litigation.
Petition dismissed for non-prosecution; interim order vacated.
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Neutral Citation No. - 2023:AHC-LKO:43857
Court No. - 18
Case :- WRIT - B No. - 2251 of 1981
Petitioner :- Kanhaiya Singh And Others Respondent :- Har Narain Singh And Others Counsel for Petitioner :- P.C.Srimal,Dinesh Kumar Srivastava,Dr. Ramsurat Pande,P.C.Agarwal,R.S.Pandey Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Lavania,J.
(i) Vigilantibus non dormientibus jura subveniunt (The law assists only those who are vigilant, and not those who sleep over their rights); and
(ii) Interest reipublicae ut sit finis litium (In the interest of the society as a whole, the litigation must come to an end).
The above said two maxims are sister provisions, which would highlight and spotlight that the party seeking remedy before the Court should be vigilant, otherwise, the law would not come to their help and there should be end to litigation.
Order Date :- 7.7.2023 Vinay/-
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Kanhaiya Singh And Others
Har Narain Singh And Others
Saurabh Lavania
Vinay
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
