CMP filed regarding non-disposal of an IA pending before the Trial Court despite a prior direction. Court expresses displeasure at Trial Court's conduct and directs disposal within one month.
Directed the learned Civil Judge, Sundargarh, to dispose of I.A. No.50 of 2015 within one month of producing the certified copy of the present order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
C.M.P. No.331 of 2016
15.03.2016
Heard learned counsel for the petitioner. 2. In view of the limited nature of grievance and order proposed to be passed in this CMP , this Court dispenses with the notice to opposite parties. 3. Prayer of the petitioner in this CMP is that in spite of direction of this Court dated 24.11.2015 in an earlier CMP No.1411 of 2015 (Annexure-2) to dispose of the I.A., i.e., IA No .50 of 2015 (arising out of C.S. No.339 of 2013) within a period of two months from the date o f communication of the said order and a memo dated 03.12.2015 (Annexure-3) along with certifie d copy of this Courts order in the earlier CMP having been filed before the learned Civil Jud ge, the same has not yet been disposed of.4. In that view of the matter, this Court expressing its displeasure on the conduct of th e Trial Court, disposes of this CMP with a direction that I.A. No.50 of 2015 (arising out of C .S. No.339 of 2013) pending before the learned Civil Judge (Senior Division), Sundargarh shall be disposed of within a period of one month from the date of production of certified copy of this order.
5. With the aforesaid direction, the CMP is disposed of. Opposite parties are at liberty to seek variation of this order, if they feel aggrieve
d.
Urgent certified copy of the order shall be granted on proper application.2
1 issue framed by the court
Whether the Trial Court should be directed to dispose of I.A. No.50 of 2015 within one month due to inaction despite earlier Court direction?
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court