The High Court dismissed a writ petition pending since 1981 for lack of prosecution after noting that the petitioners had lost interest. The court applied maxims regarding vigilance and ending litigation, vacating any interim orders.
Petition dismissed for non-prosecution; interim order vacated.
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Neutral Citation No. - 2024:AHC-LKO:3872
Court No. - 7
Case :- WRIT - B No. - 65 of 1981
Petitioner :- Ram Jiawan And Others Respondent :- Ganga Das And Others Counsel for Petitioner :- Ashok Kumar Verma,D.K.Rastogi,Ram Sewak Tripathi,Ramendra Kumar Dixit,S.C.Kashish,S.C.Mishra Counsel for Respondent :- J.P.Awastthi,H.N.Srivastava,R.S.Tripathi
Hon'ble Saurabh Lavania,J.
(i) Vigilantibus non dormientibus jura subveniunt (The law assists only those who are vigilant, and not those who sleep over their rights); and
(ii) Interest reipublicae ut sit finis litium (In the interest of the society as a whole, the litigation must come to an end).
The above said two maxims are sister provisions, which would highlight and spotlight that the party seeking remedy before the Court should be vigilant, otherwise, the law would not come to their help and there should be end to litigation.
Order Date :- 12.1.2024 Vinay/-
Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench
Ram Jiawan And Others
Ganga Das And Others
Saurabh Lavania
Vinay Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
