Court No. - 36
Case :- MATTERS UNDER ARTICLE 227 No. - 9790 of 2018 Petitioner :- Devendra Singh Respondent :- Civil Judge And Another Counsel for Petitioner :- Gaurav Tripathi,Anurag Vajpeyi
Hon'ble Mrs. Sunita Agarwal,J.
The prayer made in the present petition is to issue a direction to the court below to decide the Original Suit No.441 of 2016 (Devendra Singh Vs. Dharmveer Singh) filed for the relief of specific performance of agreement and in alternative to decide the temporary injunction application pending before it.
Perused the order sheet. A perusal thereof indicates that on many of the dates fixed before the court below, the lawyers had abstained from judicial work on account of the resolution of the District Bar Association.
In the present petition, no reasons has been assigned for such resolutions. On a pointed query made by the Court, learned counsel for the petitioner is not in a position to inform as to how many resolutions have been passed by the District Bar Association to abstain from judicial work and the reasons behind that. The Apex Court in the case of Harish Uppal, (Ex-Capt) Vs. Union of India, reported in (2003) 2 SCC 45 has held that the lawyers who had received fees from the clients for attending the Court may not get the matter adjourned on a call for strike. It is submitted that the lawyers have no right to go on strike or give a call for boycott.
For non co-operation of the lawyers of the District Bar Association, it cannot be said that the court below has not proceeded with the required pace.
No direction as such can be given.
Even otherwise, the Division Bench of this Court in the case of Ali Shad Usmani & others Vs. Ali Isteba & others reported in 2015 (2) ADJ 250 (DB) has held that this Court shall not ordinarily issue direction to the trial court to decide the suit in a time bound manner as it creates additional work in the trial court when oldest suits are pending.
The present petition is found devoid of merits and hence dismissed.
Order Date :- 25.1.2019 Himanshu