Petitioner's writ petition seeking judicial review of trial court order refusing commission was dismissed by the High Court for want of prosecution due to sufficient lapse of time since the suit's filing in 1987 and service issues.
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.
Neutral Citation No. - 2023:AHC-LKO:38313
Court No. - 21
Case :- WRIT - C No. - 1003253 of 2002
Petitioner :- Ram Baran Singh Respondent :- Special/ Addl. District Judge Raebareli And Others 4 Counsel for Petitioner :- R.N.Tilhari Counsel for Respondent :- C.S.C.
Hon'ble Dinesh Pathak,J.
Instant writ petition is arising out of order dated 12.02.1999 passed by trial court refusing to issue commission and the same was affirmed by the revisional court vide order dated 24.08.2002. Record reveals that the suit is pending since 1987 however, there is no specific order to stay the further proceedings going on before the trial court. Order-sheet reveals that notice issued to the petitioner to engage another counsel on account of elevation of then counsel Sri R.N. Tilhari as an Hon'ble Judge of this High Court. The order dated 07.07.2022 passed by Joint Registrar (J)(N) reveals that notice issued to the petitioner, however, the undelivered envelope has been returned back with the postal endorsement that addressee is not found, therefore, service is not sufficient.
From perusal of envelope, containing the detail of the petitioner and his address, reveals that the same name and address has been mentioned on the envelope which has been mentioned in the array of parties of the instant writ petition. There is no another address available on record for the purpose of sending notices to petitioner. In this conspectus, as above, no useful purpose would be served to keep this writ petition pending which is arising out of suit filed in the year 1987. Sufficient time has already been elapsed.
In view of above, the instant writ petition is dismissed for want of prosecution.
Order Date :- 29.5.2023 Saurabh Yadav/-
Digitally signed by :- SAURABH YADAV High Court of Judicature at Allahabad, Lucknow Bench
Ram Baran Singh
Special/ Addl. District Judge Raebareli And Others
Dinesh Pathak
Saurabh Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
