Ram Shanker Shukla v. the Addl. Civil Judge (S.D) Ambedkar Nagar Lko and 18 Others
Case brief
What is this about?
Allahabad High Court (Lucknow Bench), Article 227 petition (MATTERS UNDER ARTICLE 227 No. 3178 of 2024, decided 24.9.2024, Subhash Vidyarthi, J.) seeking a direction to the Additional Civil Judge (S.D.), Ambedkar Nagar to decide Suit No. 1421 of 1991 expeditiously. Held: civil judges cannot be arrayed as opposite parties in High Court petitions (misjoinder); no expedition direction issued as a substitution application was pending and the petitioner was not diligent; trial court expected to decide the 1991 suit expeditiously and to proceed in default or ex-parte if parties abstain. Petition disposed of.
What did the court decide?
Petitioner directed to strike out the name of the learned Additional Civil Judge (S.D.), Ambedkar Nagar from the array of opposite parties and renumber the opposite parties forthwith; with observations that the trial Court decide the old suit expeditiously and act in absence of non-appearing parties, the petition was disposed of.