Ram Shanker Shukla vs the Addl. Civil Judge (S.D)… — Property and Title | Allahabad HC (2024)

Ram Shanker Shukla vs the Addl. Civil Judge (S.D)… — Property and Title | Allahabad HC (2024)

Neutral Citation No. - 2024:AHC-LKO:66073

Court No. - 19

Case :- MATTERS UNDER ARTICLE 227 No. - 3178 of 2024

Petitioner :- Ram Shanker Shukla

Respondent :- The Addl. Civil Judge (S.D) Ambedkar Nagar Lko And 18 Others

Counsel for Petitioner :- Vivek Kumar Tripathi,Manoj Kumar Pandey Counsel for Respondent :- C.S.C.

Hon'ble Subhash Vidyarthi,J.

Heard Shri Vivek Kumar Tripathi, learned counsel for the petitioner.

The petitioner has impleaded the learned Additional Civil Judge (S.D.), Ambedkar Nagar 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.

Therefore, the petition suffers from the defect of misjoinder of parties.

Accordingly, learned counsel for the petitioner is directed to strike out the name of learned Additional Civil Judge (S.D.), Ambedkar Nagar from the array of opposite parties and renumber the opposite parties forthwith.

By means of the instant writ petition filed under Article 227 of the Constitution of India, the petitioner has sought issuance of a direction to the learned Additional Civil Judge (S.D.), Ambedkar Nagar to decide the Suit No.1421 of 1991 expeditiously.

The petitioner has annexed copies of orders passed by the trial Court between 30.11.2023 and 04.05.2024, which shows

that on 30.11.2023, 29.1.2024 and 29.02.2024, none of the parties attended the proceedings and on 13.3.2024, the court was lying vacant.

Some application for substitution of a party is pending in the suit. Therefore, no direction can be issued at this stage when it appears that the petition himself is not pursuing with the case diligently.

However, as the case is very old one, the trial Court is expected to decide the same expeditiously and in case the parties did not appear, the trial Court should pass appropriate orders in absence of the parties, either dismissing the suit in default or proceeding with the same with ex-parte.

With the aforesaid observation, the petition is disposed of .

[Subhash Vidyarthi,J.]

Order Date :- 24.9.2024 -Amit K-

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