This court directed the District Judge, Sundargarh, to expedite the disposal of petitions for substitution of deceased respondents under Order 22 Rule 4 CPC within one month and subsequently dispose of the pending appeal.
District Judge directed to dispose substitution petitions within one month and the appeal expeditiously.
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CMP No. 401 of 2020
Heard Mr. Niranjan Singh, learned counsel for the petitioners.
The petitioners in this CMP pray for a direction for early disposal of R.F.A No.04 of 2017 pending before learned District Judge, Sundargarh.
Mr. Singh, learned counsel for the petitioners submits that they are the appellants before learned District Judge, Sundargarh in R.F.A. No.04 of 2017. The learned District Judge, Sundargarh is not taking any step for early disposal of the aforesaid R.F.A. for which the petitionersappellants are prejudiced. In support of his contention, he referred to the order sheet of the R.F.A. annexed to the CMP as Annexure-3 and submits that the matter is being adjourned to several dates unnecessarily without proceeding with the matter substantively. Hence, he prays for early disposal of the appeal.
Taking into consideration the submission made and on perusal of the order sheet of R.F.A. No.04 2017 as at Annexure-3, it appears that the petitions for substitution of deceased respondent Nos.7 and 8, namely, Bidyadhar Bagh and Mahendra Bagh, respectively are filed by the appellants after taking several adjournments. Further, said petitions have not yet been taken up on merit. It is being adjourned to several dates for consideration of the said petitions. Be that as it may, learned District Judge, Sundargarh is directed to take step for early disposal of the petitions under Order 22 Rule 4 C.P.C. filed for substitution of deceased respondent Nos.7 and
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8, as expeditiously as possible preferably within a period of one month from the date of appearance of the proposed legal heirs. After the matter becomes ready for hearing, learned District Judge, Sundargarh shall make an endeavour for early disposal of the appeal in accordance with law. Learned District Judge, Sundargarh shall act upon production of an authenticated copy of this order.
With the aforesaid observation and direction, the CMP is disposed of.
Authenticated copy of this order downloaded from the website of this Court shall be treated at par with certified copy in the manner prescribed in this Court’s Notice No.4587 dated 25.03.2020.
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bct
1 issue framed by the court
Whether to direct the District Judge to expedite disposal of pending substitution petitions and the related appeal.
1 provisions across 1 enactments
Mr. Niranjan Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
