Court No. - 1
Case :- MATTERS UNDER ARTICLE 227 No. - 4588 of 2021 Petitioner :- Gajendra Suri And 4 Others Respondent :- Rohitesh Gupta Counsel for Petitioner :- Rajesh Kumar Verma
Hon'ble J.J. Munir,J.
Perused the report of the learned Judge Small Cause Court, Bareilly dated 22.09.2021. It shows that the suit had proceeded to trial with the cross examination of PW-2 being over way back on 06.07.2021. Then on 03.08.2021, a third party sought impleadment. During this period of time on 09.08.2018, plaintiff no. 1 died on 11.05.2018 and the trial of the suit went off rails into the interlocutory course of substitution. A lot of delay appears to have been caused on account of the impact of Covid-19 and the ensuing lock-down. The various dates fixed in the matter have been indicated in the learned Judge's report. It appears from a further perusal of the report that the third party, who had sought impleadment, did not appear to support his application and it was dismissed in default on 05.04.2021. Later on 10.08.2021, the third party's application for impleadment was restored. It has also been detailed by the learned Trial Judge that this third party is delaying the progress of the suit by coming up with excuses that the Senior Advocate appearing in the matter is not well.
Apparently, the entry of the third party appears to be a some kind of a tactic to delay the trial of the suit but that is just an observation that will have no impact on the way the Trial Judge deals with the matter.
In view of the order that this Court proposes to make, notice to the respondent no. 1 is dispensed with. However, in case he feels aggrieved by this order or any other person including the third party, who may feel aggrieved by this order, he/they can make an application in this decided matter.
Considering the report of the Trial Judge and the progress made in the suit so far as well as the hiatus that has come about after the death of one of the parties and the claim for impleadment by a third party, this Court is of opinion that the Trial Judge must now proceed with the suit expeditiously fixing one date every week. It is ordered that the suit shall not be adjourned on the ground of one counsel or the other being not available. The suit shall also not be adjourned because on a particular date the local bar adopts resolution obliging its members to abstain from judicial work. The learned counsel appearing in this case shall be under an obligation under orders of this Court to appear and assist the Trial Judge irrespective of any resolution that the local bar adopts. It shall be the duty of the learned District Judge, Bareilly to ensure that the proceedings of the suit go on smoothly unhindered by anything extraneous to the proceedings. The Trial Judge shall endeavour to try and decide the suit within six months next in accordance with law.
This petition is disposed of in terms of the aforesaid order.
Let this order be communicated to the Judge Small Cause Court, Bareilly through the learned District Judge, Bareilly and the learned District Judge, Bareilly himself, by the Registrar (compliance) within 24 hours.
Order Date :- 24.9.2021 Brijesh Maurya