Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5945 of 2018 Petitioner :- Abhai Narain Rai Respondent :- Additional Civil Judge (Senior Division)/A.C.M.M. Court No 6 Kanpur Nagar And 28 Others Counsel for Petitioner :- Chandra Bhan Gupta,Mohd. Aqueel Khan
Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the petitioner is permitted to correct the array of parties.
Heard learned counsel for the petitioner.
In view of the order, which is proposed to be passed, notices need not go to the private respondent.
The petitioner has approached this Court with the request to ask the Court concerned i.e. Additional Civil Judge (Junior Division), Mohammadabad, Ghazipur to expedite the proceedings of recall bearing Misc. Case no.6 of 2017 in Original Suit no.905/1994.
Learned counsel for the petitioner submits at bar that at present the Court is vacant and as such, the said situation has impelled the petitioner to be before this Court with the aforesaid prayer.
The Hon'ble Supreme Court in M/s Shiv Cotex Versus Tirgun Auto Plast P. Ltd and others, 2011 (89) ALR 232, has made the following observations:-
" It is high time that courts become sensitive to delays in justice delivery system and realize that adjournments do dent the efficacy of judicial process and if this menace is not controlled adequately, the litigant public may lose faith in the system sooner than later. The Courts, particularly Trial Courts, must ensure that on every date of hearing, effective progress takes place in the suit."
Considering the above, this petition stands disposed of with the direction upon the Court concerned to decide the aforesaid application and conclude the same, in accordance with law, as expeditiously as possible and preferably within six months period from the date of production of certified copy of this order, without granting unnecessary adjournment to either of the parties, except upon payment of cost. It is made clear that in case the Court is vacant, the petitioner would move an appropriate application before the learned District Judge, Ghazipur and definitely the same would be addressed by the learned District Judge, Ghazipur and the matter may be placed before appropriate Court so that aforementioned direction may be complied with.
Order Date :- 21.8.2018 A. Pandey