Court No. - 18
Case :- MATTERS UNDER ARTICLE 227 No. - 5241 of 2018 Petitioner :- Smt. Gayatri Devi Respondent :- Court Of Civil Judge (Senior Division)/F.T.C. Allahabad And 4 Others Counsel for Petitioner :- Jai Prakash Prasad
Hon'ble Mahesh Chandra Tripathi,J.
Learned counsel for the petitioner is permitted to correct the prayer clause forthwith.
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.
In pith and substance, the petitioner is before this Court with the request to ask the Court concerned i.e. Civil Judge (Senior Division)/FTC Allahabad to decide the Substitution Application/Amendment Application no.45A pending in Suit No.76 of 1999 (Smt. Savitri Devi and others vs. Smt. Raj Kumari and others) expeditiously.
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 Substitution Application/Amendment Application no.45A pending in Suit No.76 of 1999 (Smt. Savitri Devi and others vs. Smt. Raj Kumari and others), in accordance with law, as expeditiously as possible and preferably within four months 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.
Order Date :- 31.7.2018 A. Pandey