Malti Singh vs Additional Civil Judge (Junior Division) Room No. 38, Sultanpur and Others

Neutral Citation No. - 2024:AHC-LKO:58925

Court No. - 19

Case :- MATTERS UNDER ARTICLE 227 No. - 4072 of 2024

Petitioner :- Malti Singh Respondent :- Additional Civil Judge (Junior Division) Room No. 38, Sultanpur And Others Counsel for Petitioner :- Narendra Pratap Mishra

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Hon'ble Subhash Vidyarthi,J.

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Heard Shri Narendra Pratap Mishra, the learned counsel for the petitioner.

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By means of the instant petition filed under Article 227 of the Constitution of India, the petitioner has prayed for issuance of a direction to the learned Additional Civil Judge (Junior Division), Room No. 38, District Sultanpur to decide the petitioner's application under Order 39 Rule 1 and 2 C.P.C. filed in Regular Suit No. 615 of 2020, expeditiously.

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The perusal of the ordersheet does not disclose as to whether summons of the suit and notice of the application for temporary injunction have been served upon the defendants.

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Learned counsel for petitioner orally submitted that summons of the suit could not be served on the defendant till date because the defendant is avoiding the service of the same.

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In these circumstances, it is open for the petitioner to file a suitable application for effecting substituted service on the defendant, but in absence of service upon the defendant, no order for expeditious disposal of the suit can be passed.

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Accordingly, the petition is disposed of with the aforesaid observation.

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Order Date :- 29.8.2024 DiVYa

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(Subhash Vidyarthi,J.)

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Digitally signed by :- DIVYA SINGH High Court of Judicature at Allahabad, Lucknow Bench

Malti Singh v. Additional Civil Judge (Junior Division) Room No. 38, Sultanpur and Others

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Malti Singh v. Additional Civil Judge (Junior Division) Room No. 38, Sultanpur and Others

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