Single judge directed the lower civil court to conclude a pending title suit (filed in 2010) within one year, permitting ex-parte proceedings or dismissal for non-cooperation.
Direction to the court below to conclude the title suit within one year; court below may proceed ex-parte or dismiss suit for non-cooperation.
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.
IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL MISCELLANEOUS JURISDICTION No.1903 of 2018
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Sarwan Kumar Fitkariwala @ Sarwan Kumar Fitkiriwala Son of Late Satya Narayan Fitkariwala R/o Mohalla-Sadar Bazar, Jamalpur, P.S.-Jamalpur, District-Munger
... ... Petitioner/s
... ... Respondent/s ====================================================== Appearance : For the Petitioner/s : Mr. Syed Ashfaque Ahmad For the Respondent/s : Mr. Ajit Kumar Singh ======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR ORAL ORDER
3 05-09-2023 Heard the parties.
aside the order dated 19.09.2018 passed by Civil Miscellaneous Appeal No. 09/2018 by learned Additional District Judge-V,
Patna High Court C.Misc. No.1903 of 2018(3) dt.05-09-2023 2/2
Munger whereby and where under the learned court affirmed the findings given by the learned Sub-Judge-IInd, Munger, who was pleased to reject the petition of the plaintiff/petitioner dated 28.08.2018 filed under Order 39 Rule 1 & 2 C.P.C. by order dated 04.05.2018.
(Sandeep Kumar, J)
Ranjeet/-
U
3 issues framed by the court
Whether the civil court below should expedite the disposal of a pending title suit initiated in 2010.
Whether directions can be issued to the court below to conclude the title suit within one year.
Whether the court below can proceed ex-parte or dismiss the suit for lack of cooperation.
1 provisions across 1 enactments
Sarwan Kumar Fitkariwala
Smt. Sikha Devi
Nirmal Kumar Gupta
Smt. Ruby Devi
Bipin Kumar Pathak
Vishnu Kumar Fitkiriwala
Sandeep Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
