Disposed

Ramesh Chandra Bajpai and 4 Others v. Civil Judge (Junior Division) West,Hardoi and 7 Others

Allahabad HC13 Sept 2024/4404/2024

Case brief

AI extract

What is this about?

This court disposed of a writ petition challenging the impleadment of a Civil Judge as a respondent and seeking expedited disposal of an interim application. The court noted procedural defects including non-service of notices and lack of proof for Section 80 CPC exemption.

What did the court decide?

Petition disposed with liberty to file appropriate application before the trial court.

Ramesh Chandra Bajpai and 4 Others Vs Civil… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:63523

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Court No. - 19

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Case :- MATTERS UNDER ARTICLE 227 No. - 4404 of 2024

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Petitioner :- Ramesh Chandra Bajpai And 4 Others Respondent :- Civil Judge (Junior Division) West,Hardoi And 7 Others

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Counsel for Petitioner :- Anand Kumar,Bajhul Quamar Siddiqui

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Counsel for Respondent :- C.S.C.

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Bajhul Quamar Siddiqui, learned counsel for the petitioners and Shri Anurag Maurya, learned State Counsel.

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The petitioners have impleaded the learned Civil Judge (J.D.), West, Hardoi in the array of opposite parties, whereas as per law laid down by the Hon'ble Supreme Court in Savitri Devi Vs. District Judge , Gorakhpur; (1999) 2 SCC 577 and in Jogendrasinhji Vijaysinghji v. State of Gujrat , (2015) 9 SCC 1, the Civil Courts ought not to be impleaded as opposite parties to the petitions filed in the High Courts.

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Accordingly, learned counsel for the petitioners is directed to strike out the name of learned Civil Judge (J.D.), West, Hardoi from the array of opposite parties and renumber the opposite parties forthwith.

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By means of the instant writ petition filed under Article 227 of the Constitution of India, the petitioner has sought a direction to the learned Civil Judge (J.D.), West, Hardoi for expeditious disposal of the application under Order 39 Rule 1 & 2 CPC pending in Original Suit No.288 of 2024.

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The trial Court had issued notices on application under Order 39 Rule 1 & 2 CPC and there is nothing on record to indicate that the notices have been served.

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Learned State Counsel has submitted that the State of U.P., Tehsildar and Kanoon-go are defendants in the suit and the plaintiff has pleaded in the plaint that he has got exemption from mandatory notice under Section 80 CPC but there is nothing on record that the exemption has been granted to the petitioner.

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In view of the aforesaid circumstances, there is no occasion for this Court to issue any direction to the learned Civil Judge (J.D.), West, Hardoi for expeditious disposal of the matter.

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Accordingly, this petition is disposed of giving a liberty to the petitioner to file an appropriate application before the trial Court concerned, which shall be dealt with in accordance with law keeping in view the entire relevant facts and circumstances of the case.

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[Subhash Vidyarthi,J.]

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Order Date :- 13.9.2024 -Amit K-

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Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Ramesh Chandra Bajpai and 4 Others v. Civil Judge (Junior Division) West,Hardoi and 7 Others

Case brief

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Ramesh Chandra Bajpai and 4 Others v. Civil Judge (Junior Division) West,Hardoi and 7 Others

Case brief

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