Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5195 of 2018 Petitioner :- Dinesh Kumar Respondent :- Civil Judge (S.D.), Jaunpur And 6 Others Counsel for Petitioner :- Arun Kumar Srivastava
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner.
In view of the order, which is proposed to be passed today, notices need not go to the private respondent.
The petitioner has approached this Court to expedite and decide the Paper No. 39-Ga filed under Order 7 Rule 11 C.P.C. pending in Original Suit No. 150 of 2014 (Sanjay vs. Ajay) before Civil Judge (S.D.), Jaunpur.
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 consider and decide the application under Order 7 Rule 11 C.P.C. pending in aforesaid Suit, in accordance with law, as expeditiously as possible and preferably within six months from the date of production of certified copy of this order but certainly after affording opportunity to the plaintiff-respondent, without granting unnecessary adjournment to either of the parties, except upon payment of cost.
Order Date :- 31.7.2018 A.K.Srivastava