Disposed

Dhan Prakash Budhraja and Another v. Civil Judge-Junior Division (Hawali) Court NO-57, Civil Court,Lko. and 4 Others

Allahabad HC10 Jan 2024A227/63/2024

Case brief

AI extract

What is this about?

Petition for direction to expedite Order 6 Rule 17 CPC application and missing written statement. Court refused intervention but left door open for fresh application if files are moved to the Trial Court.

What did the court decide?

No direction for expedition; petition disposed of with notice to move appropriate application if matters are brought to trial court's notice.

Dhan Prakash Budhraja and Another vs Civil… — Civil Procedure and Limitation | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC-LKO:2498

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Court No. - 8

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Case :- MATTERS UNDER ARTICLE 227 No. - 63 of 2024

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Petitioner :- Dhan Prakash Budhraja And Another Respondent :- Civil Judge-Junior Division (Hawali) Court No-57, Civil Court,Lko. And 4 Others Counsel for Petitioner :- Manoj Kumar Gupta

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Hon'ble Jaspreet Singh,J.

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Heard Sri B.P. Singh Dhakare, learned counsel for the petitioner.

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The instant petition has been filed seeking a direction for the Civil Judge, Junior Division, Court No. 57, Lucknow for deciding an application under Order 6 Rule 17 C.P.c. said to be pending in Regular Suit No. 3235 of 2019.

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The submission of learned counsel for the petitioners is that on three occasion, the application was heard by the court concerned but the order for disposal could not be passed, as a result, the application remains pending.

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It has also been pointed out that till date the written statement has also not been filed by the defendants in the said suit.

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The learned counsel for the petitioner submits that now the matter is listed on 30th January, 2024 for disposal of the application under Order 6 Rule 17 C.P.C.

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Having considered the aforesaid as well as noticing that the matter is fixed for 30th January, 2024 before the Trial Court, this Court at this stage is not inclined to interfere to pass any order of expedition, however, this Court leaves it open for the petitioners to move an appropriate application before the court concerned bringing the issues to its notice and in case if such an application is moved by the petitioner, the same shall be given due consideration by the Court concerned.

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It is made clear that the Court has not examined the case of either of the parties on merits and the authority concerned shall decide the matter strictly in accordance with law.

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With the aforesaid, the petition is disposed of .

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Order Date :- 10.1.2024 Asheesh

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

Dhan Prakash Budhraja and Another v. Civil Judge-Junior Division (Hawali) Court NO-57, Civil Court,Lko. and 4 Others

Case brief

What is this about?

What did the court decide?

Dhan Prakash Budhraja and Another v. Civil Judge-Junior Division (Hawali) Court NO-57, Civil Court,Lko. and 4 Others

Case brief

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What did the court decide?

What the court decided

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